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 12, 2007.

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

Communications.

The following communications were severally placed on file:

A communication from the Honorable Therese Murray, President of the Senate, announcing certain changes to Joint Standing Committees that have been ratified by the Majority Party Caucus:

Senator James E. Timilty has been appointed Chair of the Joint Committee on Public Safety and Homeland Security.
Senator Anthony W. Petruccelli has been appointed Chair of the Joint Committee on Municipalities and Regional Government.
Senator Petruccelli has also been appointed to the following committees: Consumer Protection and Professional Licensure, Housing and Transportation.

A communication from the Honorable Therese Murray, President of the Senate, announcing several appointments (pursuant to Subsection 16O of Section 3 of Chapter 58 of the Acts of 2006) to the Health Care Disparities Commission.

The President has appointed the following membership: Ms. Frances Anthes, Mr. Robert Ingala, Mr. Hank Porten and Ms. Elizabeth Baldwin.

Petitions.

Petitions were presented and referred as follows:

By Mr. Brown, a petition (accompanied by bill, Senate, No. 2290) of Scott P. Brown and Richard J. Ross (by vote of the town) for legislation to provide for recall elections in the town of Wrentham [Local approval received];
Under Senate Rule 20, to the committee on Election Laws.
By Mr. Panagiotakos, a petition (accompanied by bill, Senate, No. 2291) of Steven C. Panagiotakos (by vote of the town) for legislation to create the recreational field fund in Tyngsborough [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

Mr. Antonioni presented a petition (subject to Joint Rule 12) of Robert A. Antonioni for legislation relative to the Massachusetts Academy of Math and Science at WPI,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Buoniconti, for the committee on Financial Services, on petition, a Bill to establish standards for long term care insurance (Senate, No. 575, changed in section 2 by striking out the word “policy”, in line 11, and inserting in place thereof the word “contract”; and by striking section 4 in its entirety);
By Ms. Candaras, for the committee on Mental Health and Substance Abuse, on petition, a Bill creating a jail diversion program (Senate, No. 1130);
By the same Senator, for the same committee, on petition, a Bill relative to the civil commitment for alcoholism or substance abuse at certain facilities (Senate, No. 1131); and
By the same Senator, for the same committee, on petition, a Bill relative to substance addiction treatment (Senate, No. 1144);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.
By Mr. Buoniconti, for the committee on Financial Services, on petition, a Bill protecting consumers from unsolicited loans (Senate, No. 565);
By Ms. Wilkerson, for the committee on State Administration and Regulatory Oversight, on petition, a Bill providing for reform in public construction (Senate, No. 1847);
By the same Senator, for the same committee, on petition, a Bill to update the computer crime laws of the Commonwealth (Senate, No. 1849);
By the same Senator, for the same committee, on petition, a Bill to limit indemnity and insurance responsibility for general contractors and subcontractors in construction work (Senate, No. 1855); and
By the same Senator, for the same committee, on petition, a Bill making certain changes in the bidding of public construction contracts (Senate, No. 1903);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

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 actions taken at the annual town election held in the town of Southampton (House, No. 4149),— was referred, in concurrence, to the committee on Election Laws.

Petitions were referred, in concurrence, as follows:

Joint petition (accompanied by bill, House, No. 4134) of James E. Timilty and F. Jay Barrows (by vote of the town) that the town of Foxborough be authorized to grant three additional licenses for the sale of alcoholic beverages within the Chestnut Green development area;
To the committee on Consumer Protection and Professional Licensure.
Joint petition (accompanied by bill, House, No. 4135) of Barry R. Finegold, Susan C. Tucker and James R. Miceli (by vote of the town) that the town of Tewksbury be authorized to lease certain land for cemetery or recreation purposes;
Joint petition (accompanied by bill, House, No. 4136) of Colleen M. Garry and Steven C. Panagiotakos (by vote of the town) that the town of Tyngsborough be authorized to establish a fund for the maintenance and repair of recreational fields in said town;
Joint petition (accompanied by bill, House, No. 4137) of Christopher N. Speranzo and Benjamin B. Downing (with the approval of the mayor and city council) relative to health insurance benefits for retired employees of the city of Pittsfield; and
Petition (accompanied by bill, House, No. 4138) of David M. Torrisi and others (by vote of the town) relative to the appointment, suspension and removal of police officer by the town manager in the town of North Andover;
Severally to the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4139) of Daniel E. Bosley (with the approval of the mayor and city council) relative to the retirement of Leo Senecal, an employee of the city of North Adams;
Joint petition (accompanied by bill, House, No. 4140) of Jay R. Kaufman and others (by vote of the town) that the town of Arlington be authorized to extend the retirement system funding schedule and providing for the deposit of certain funds into the post-employment benefit trust fund of said town;
Joint petition (accompanied by bill, House, No. 4142) of Jay R. Kaufman and others (by vote of the town) for legislation to authorize Brendan Gormley to take the civil service test for the position of fire fighter in the town of Arlington; and
Petition (accompanied by bill, House, No. 4143) of David M. Torrisi and others (by vote of the town) that Kevin Farragher of the town of North Andover be authorized to take a civil service examination for the position of police officer in said town, notwithstanding the maximum age requirements;
Severally to the committee on Public Service.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Brown, Antonioni, Augustus, Baddour, Berry, Brewer, Buoniconti, Ms. Candaras, Ms. Creem, Messrs, Hart, Havern, Hedlund, Knapik, McGee, Moore, Morrissey, O’Leary, Pacheco, Panagiotakos, Ms, Resor, Mr. Rosenberg, Ms. Spilka and Messrs. Tarr, Timilty and Tisei) “honoring the 151st Regional Support Group of the Massachusetts Army National Guard”; and
Resolutions (filed by Ms. Wilkerson) “congratulating Celebra La Vida Con Salud Y Trova Day.”

Papers from the House.
Engrossed Bill.

An engrossed Bill designating a bridge in the city of Methuen as the Corporal David M. Vicente Bridge (see House, No. 3446, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. Havern) and again laid before the Governor for his approbation.

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 House Bill establishing the Rehoboth agricultural and natural resources preservation council (House, No. 2032),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the fines for illegal dumping in the city of Fitchburg (House, No. 3939, amended),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Daniel Curran, an employee of the Department of Correction (Senate, No. 2280),—ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Petruccelli, and the bill 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for John J. Bish, an employee of the East Brookfield Division of the District Court Department (Senate, No. 2285),— ought to pass, with an amendment striking out, in line 4, the words “East Brookfield division of the”.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2285, amended) was then 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 establishing a sick leave bank for John J. Bish of the District Court Department.”
Sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Frances Berghaus an employee of the Department of Correction (House, No. 3758),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Timilty and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Scott P. Brown and David Sherman for legislation relative to proxy medical decisions and guardians.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Dianne Wilkerson for legislation to require the disclosure of location and conditions of manufacture of services and supplies furnished to the Commonwealth.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration and Regulatory Oversight.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Dianne Wilkerson for legislation relative to the Hynes Convention Center and the Boston Common Garage.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration and Regulatory Oversight.
Severally sent to the House for concurrence.

Papers from the House.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4150) of Geraldo Alicea and others for legislation to increase the penalties imposed for rape of mentally retarded persons;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by resolve, House, No. 4151) of Byron Rushing and others relative to reviving and continuing the special commission (including members of the General Court) estab­lished to make an investigation and study of homelessness in the Commonwealth;
Under suspension of Joint Rule 12, to the committees on Rules of the two branches, acting concurrently.

Recess.

There being no objection, at a quarter past eleven o’clock A.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at eleven minutes before four o’clock P.M., the Senate reassembled, Mr. McGee in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

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 amendments to the House Bill relative to the protection of personal information (House, No. 4018, amended) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2236; and by striking out the title and inserting in place thereof the following title: “An Act relative to security freezes and notification of data breaches.”), reported a Bill relative to security freezes and notification of data breaches (House, No. 4144),— came from the House, and was read.
Senate Rule 36 was suspended, on motion of Mr. Downing, and the report was considered forthwith and accepted, in concurrence.

Emergency Preambles Adapted.

An engrossed Bill amending the law providing incentives to the motion picture industry (see House, No. 4084, amended), 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 5 to 0.
The bill was signed by the Acting President (Mr. McGee) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Frances Berghaus, an employee of the Department of Correction (see House, No. 3758), 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. McGee) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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. McGee) and laid before the Governor for his approbation, to wit:
Establishing a sick leave bank for Frances Berghaus, an employee of the Department of Correction (see House, No. 3758);
Relative to the fines for illegal dumping in the city of Fitchburg (see House, No. 3939, amended); and
Amending the law providing incentives to the motion picture industry (see House, No. 4084, amended).

The House Bill to reduce the stress on local property taxes through enhanced pension fund investment (House, No. 4125, amended),— came from the House with the endorsement that the House had concurred in the Senate amendments in section 2, in the proposed paragraph (c½), by striking out the first sentence and inserting in place thereof the following sentence:— “The commission shall annually review the investment performance and funded ratio of all systems using data compiled as of January 1 of the year in which said review occurs. If, on or before July 1 the funded ratio data as of January 1 is not available, the most recent data shall be used.”;

In section 2, in proposed paragraph (c½), in the first paragraph, by striking out the fifth sentence and inserting in place thereof the following 2 sentences: — “A transfer and control of a system’s assets pursuant to this paragraph shall continue until the system’s funded ratio exceeds 65 per cent and the system has participated in the PRIT Fund for at least 5 years. At that time, the system may then exercise the procedures for revocation in accordance with paragraph (c).”
In section 2, in proposed paragraph (c½), by striking out the third paragraph and inserting in place thereof the following paragraph:—

“A system ordered by the commission to transfer its assets under this section may appeal for an exemption to a 5-member review board which shall consist of the executive director of the PRIM board or his designee, the secretary of administration and finance or his designee, a member selected by the state treasurer from a list of 3 names submitted by the Massachusetts Association of Contribu­tory Retirement Systems, 2 members of municipal employee unions to be appointed by the governor, 1 of whom shall be a member of the Professional Firefighters Association of Massachusetts. The system shall file written notice of its appeal with the secretary of administration and finance not later than 30 days after receiving the commission’s order to transfer its assets. The review board may establish rules for its own procedure, but such rules shall not be required to comply with chapter 30A. The review board may grant an exemption from the transfer requirement of this section if its rate of return has exceeded the PRIT Fund rate of return for the previous 2 years or if the system’s rate of return was affected by other extenuating circumstances. The review board may also consider the system’s management costs, its risk return ratio and any other factors it deems appropriate. The grant of an exemption shall require the concurrence of at least 4 of the 6 members or their designees. A system may seek judicial review of the review board’s decision to deny an exemption in the manner provided in section 14 of chapter 30A.”

By inserting after section 2 the following 2 new sections:—

“SECTION 2A. Section 23 of said chapter 32, as so appearing, is hereby amended by striking out clause (ii) of paragraph (g) of subdivision (2).
SECTION 2B. Said section 23 of said chapter 32, as so appearing, is hereby further amended by striking out clause (iii) of paragraph (g) of subdivision (2).”
In section 3, by striking out the first sentence and inserting in place thereof the following sentence:— “Notwithstanding any general or special law to the contrary, pursuant to section 2, the public employee retirement administration commission established pursuant to section 49 of chapter 7 of the General Laws shall review the investment performance and funded ratio of all systems using data compiled as of January 1, 2007. If an updated actuarial valuation is not completed by October 1, 2007, the most recent valuation completed shall be used.”

By striking out section 4 and inserting in place thereof the following:—

“SECTION 4. Notwithstanding any general or special law to the contrary, a pension system established pursuant to chapter 32 or chapter 34B of the General Laws that would be deemed underperforming under paragraph (c½) of subdivision (8) section 22 of said chapter 32 may voluntarily transfer ownership and control of all of its assets to the pension reserves investment management board established pursuant to section 23 of said chapter 32, hereinafter referred to as the PRIM board. The decision to voluntarily transfer ownership and control of all of its assets to the PRIM board shall be made by the retirement board of each system, subject to the approval of the board of selectmen in a town, the mayor in a city, the city manager in a city with Plan D or Plan E form of government, the county commissioners in a county and, for a regional system, subject to the approval of the regional retirement board advisory council. After the decision to participate has been approved, the decision to participate shall not be revoked for 5 years. A system that would be deemed underperforming pursuant to said paragraph (c l/2) of said subdivision (8) of said section 22 choosing to exercise its right to voluntarily transfer its assets pursuant to this section shall transfer its assets before October 1, 2007.”

By inserting after section 5 the following 2 sections:—

“SECTION 5A. Notwithstanding any general or special law to the contrary, the public employee retirement administration commission shall provide each local contributory retirement system with a memorandum providing the financial position of the system in regard to the mandatory transference of assets required under sec­tion 22 of chapter 32 of the General Laws. The commission shall provide the memorandum to each system on January 1 and July 1 of each year.

SECTION 5B. Notwithstanding any general or special law to the contrary, local retirement boards shall consider the annual cost-of-living adjustments to be a priority,”; and

By striking out section 6 and inserting in place thereof the following:—

“SECTION 6. Sections 1, 2, 3 and 5 shall take effect on October 1, 2007.”, with a further amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4154.
The rules were suspended, on motion of Mr. Downing, and the further House amendment was considered forthwith and adopted, in concurrence.

The House Bill to promote quality and affordable municipal health insurance through the Group Insurance Commission (House, No. 4110, amended),— came from the House with the endorsement that the House had concurred in the Senate amendments striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2279, printed as amended, amended; 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 forthwith to provide affordable health insurance coverage for cities and towns, therefore it is hereby declared to be an emergency law, necessary to the immediate preservation of the public convenience.” with further amendments by striking out section 3A and inserting in place thereof the following section:

“SECTION 3A. Said chapter 32A is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:—
Section 3. There shall be established within the executive office of administration and finance, but not under its jurisdiction, a special unpaid commission, to be known as the group insurance commission, consisting of the commissioner of administration and finance, the commissioner of insurance, and 13 members to be appointed by the governor, l of whom shall be a retired state employee, 1 of whom shall be a health economist and at least 3 of whom shall be full-time state employees, of whom 1 shall be a member of the Massachusetts Public Employees Council, #93, AFSCME, Massachusetts State Labor Council AFL-CIO, 1 shall be a member of the Massachusetts State Employees Association, NAGE, and 1 shall be a member of Local 254, S.E.I.U., 1 of whom shall be a management representative appointed from a list of 3 representatives nominated by the Massachusetts Municipal Association and 1 of whom shall be a labor representative appointed from a list of 3 representatives nominated by the president of the teachers’ union with the greatest amount of active and retired members enrolled in commission health plans. In addition, upon the transfer of 45,000 subscribers from municipal governmental units to the group insurance commission pursuant to section 19 of chapter 32B, there shall be an additional management representative appointed by the governor from a list of 3 representatives nominated by the Massachusetts Municipal Association and an additional labor representative appointed by the governor from a list of 3 representatives of municipal public safety employees nominated by the president of the Massachusetts Chapter of the AFL-CIO. Whenever an organization nominates a list of representatives for appointment by the governor under this section, the organization may nominate additional candidates if the governor declines to appoint any of those originally nominated. Not more than 55 per cent of the appointive members of the commission shall be members of the same political party. No member appointed by the governor shall be an insurance agent, broker, employee or officer of an insurance company. Upon the expiration of the term of office of an appointive member, his successor shall be appointed in like manner for a term of 3 years. The commission shall be provided with suitable offices and may, subject to appropriation, incur expenses and appoint an executive director who shall be the executive and administrative head of the commission and who shall not be subject to chapter 31. The commission may authorize the executive director to appoint such employees as may be necessary to administer this chapter. There shall be paid by the commonwealth to each appointive member of the commission the necessary expenses actually insured in the discharge of his official duties. The commission shall adopt such reasonable rules and regulations as may be necessary for the administration of this chapter and shall make an annual report to the governor and to the general court which shall include any modifications or amendments made to contracts executived under this chapter. The rules and regulations shall be in such form as to enable employees to understand the benefits available from the insurance program, including the cost thereof.”; in section 4, in subsection (f), in the last paragraph, by adding in subsection (f) the following sentence:— “Any such administrative fee charged pursuant to this section shall be deposited in a retained revenue account and shall be used by said commission to pay any personnel or other costs associated with the administration of municipal insurance health coverage pursuant to the provisions of this section”; in said section 4, by adding the following subsection:

“(i) In the absence of a public collective bargaining unit, the chief executive officer of a municipality may authorize the transfer of subscribers to the commission.”; and by striking out section 6A.
Senate Rule 36 was suspended, on motion of Mr. Downing, and the House amendments were considered forthwith.
On further motion of Mr. Downing, the Senate concurred in the House amendments with a further amendment striking out in sec­tion 4, in subsection (f), in the last paragraph, the following sentence (inserted by amendment by the House): “Any such administrative fee charged pursuant to this section shall be deposited in a retained revenue account and shall be used by said commission to pay any personnel or other costs associated with the administration of municipal insurance health coverage pursuant to the provisions of this section.”
Sent to the House for concurrence in the further amendment.

The engrossed Bill establishing the Rehoboth agricultural and natural resources preservation council (see House, No. 2032),— came from the House amended as follows:

By adding the following section:
“SECTION 6. This act shall take effect upon its passage.”
The rules were suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith and adopted, in concurrence.

A Bill relative to the administration of the city of Worcester (House, No. 4131,— on petition) [Local approval received], — was read.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, 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 Adopted.

On motion of Mr. Downing,—
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.

On motion of Mr. Tarr, at ten minutes past five o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.