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 14, 2008.

Met according to adjournment at eleven o’clock A.M. (Mr. Timilty 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. Timilty), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred as follows:

By Mr. Joyce, a petition (accompanied by bill, Senate, No. 2803) of Brian A. Joyce, Robert S. Creedon, Jr., Christine E. Canavan, Geraldine Creedon and other members of the General Court (by vote of the town) for legislation authorizing the issuing of a certain special license in the town of Easton for the sale of all alcoholic beverages [Local approval received];
Under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2801) of Bruce E. Tarr and Harriett L. Stanley (by vote of the town) for legislation to establish a selectmen-administrator form of government for the town of Newbury; and
By the same Senator, a petition (accompanied by bill, Senate, No. 2802) of Bruce E. Tarr and Harriett L. Stanley (by vote of the town) for legislation to increase the membership of the Board of Selectmen in the town of Newbury [Local approval received];
Severally, under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

Mr. Tarr presented a petition (subject to Joint Rule 12) of Bruce E. Tarr and Harriett L. Stanley (by vote of the town) for legislation to designate a certain bridge in the town of Newbury as the William L. Plante Memorial Bridge,— 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 Mr. Galluccio, for the committee on Public Service, on petition, a Bill relative to the Office of the Chief of the Marblehead Fire Department (Senate, No. 2758) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committees Discharged.

Mr. Downing, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee on Health Care Financing to make an investigation and study of certain current Senate documents relative to health care financing (Senate, No. 2792),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Downing, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to issues concerning criminal procedure and penalties, torts, privacy, real estate, probate, the courts of the Commonwealth and other related legal matters (Senate, No. 2632), reported, in part, asking to be discharged from further consideration
Of the Senate petition (accompanied by bill, Senate, No. 844) of Robert S. Creedon, Jr. for legislation relative to the safety of judges; and
Of the Senate petition (accompanied by bill, Senate, No. 866) of Robert S. Creedon, Jr. for legislation relative to the commission on judicial conduct;
And recommending that the same be severally recommitted to the committee on the Judiciary.

Mr. Downing, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to issues concerning criminal procedure and penalties, CORI, torts, sex offenders, real estate, probate and the courts of the Commonwealth (Senate, No. 2727), reported, in part, asking to be discharged from further consideration,
Of the Senate petition (accompanied by bill, Senate, No. 802) of Frederick E. Berry, Peter J. Koutoujian, Lewis G. Evangelidis, Louis L. Kafka and other members of the General Court for legislation to protect and enhance the rights of children and adult victims and witnesses of crime;
Of the Senate petition (accompanied by bill, Senate, No. 841) of Robert S. Creedon, Jr. for legislation to increase the value and kind of personal property exempt from execution;
Of the Senate petition (accompanied by bill, Senate, No. 915) of Susan C. Fargo, James E. Timilty, David P. Linsky, Scott P. Brown and other members of the General Court for legislation to further regulate sex offender registration; and
Of the Senate petition (accompanied by bill, Senate, No. 1035) of Marian Walsh for legislation relative to the rights of victims of crime.
And recommending that the same be severally recommitted to the committee on the Judiciary.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A Bill relative to the long term care career ladder grant program (House, No. 4953,— on House, No. 4833),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

A report of the committee on Economic Development and Emerging Technologies, asking to be discharged from further consideration of the joint petition (accompanied by bill, House, No. 4822) of William M. Straus, Joan M. Menard and others for legislation to further regulate “online” advertising on the Internet, 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 seven minutes past eleven o’clock A.M., the Chair (Mr. Timilty) declared a recess; and at fourteen minutes past twelve o’clock noon, the Senate reassembled, Mr. Timilty in the Chair.

Reports of a Committee.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill designating a certain traffic rotary in the town of Everett as the Edward G. Connolly memorial rotary (House, No. 3634).
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading, to read as follows: “An Act designating a certain traffic rotary in the city of Everett as the Edward G. Connolly Memorial Rotary”.

By Mr. Downing, for the committee on Ethics and Rules, on Senate, No. 2632, in part, a “Bill concerning marriage laws” (Senate, No. 800).
The bill was read.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time and ordered to a third reading.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill establishing a sudden infant death syndrome advisory council (House, No. 1678).
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill to further protect children (House, No. 4811).

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 to further protect children (House, No. 4811), shall be placed in the Orders of the Day for consideration of its second reading on Tuesday, July 15, 2008.

All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate by 11:00 a.m. on Tuesday, July 15 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. Panagiotakos, and the order was considered forthwith and adopted.
The bill was placed in the Orders of the Day for the next session for a second reading.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill preserving publicly assisted affordable housing (Senate, No. 782),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2799).
Mr. Panagiotakos moved that the rules be suspended, so that the matter may be taken up forthwith; but objection thereto was made by Mr. Tisei.
Under Senate Rule 26, referred to the committee on Ethics and Rules.
Subsequently, Mr. Downing, for the said committee on Ethics and Rules, reported, that the matter be placed in the Orders of the Day for the next session.
Placed in the Orders of the Day for the next session.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to children’s mental health (Senate, No. 2518),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2804).
The rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2804) was then ordered to a third reading.
Sent to the House for concurrence in the amendment.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to housing rights for victims of domestic violence, rape, sexual assault and stalking (Senate, No. 2574),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time and 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 Sharon Easter, an employee of the Department of Correction (House, No. 4209),— ought to pass, with an amendment inserting at the end thereof the following sentence: “Sick leave bank days 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 department.”.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time and amended, as recommended by the committee on Ways and Means.
The bill was then ordered to a third reading.

PAPERS FROM THE HOUSE.

The Senate Bill relative to health inspectors of the city of Somerville (Senate, No. 2168),— came from the House passed to be engrossed, in concurrence with an amendment by striking out all after the enacting clause and inserting in place thereof the following:
“SECTION 1. Notwithstanding chapter 111 of the General Laws, the city of Somerville may place the city’s health inspectors under the supervision of the city’s division of inspectional services, under the direction and control of the director of the health department. The health inspectors shall have all such authority provided to them under said chapter 111 and any other statute, regulation or other authority pertaining to public health.
SECTION 2. This act shall take effect as of August 31, 2005.
SECTION 3. This act shall take effect upon its passage.”.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith and adopted, in concurrence, as corrected by the committee on Bills in the Third Reading.

Engrossed Bill Returned with Recommendation of Amendment.

A message from His Honor the Lieutenant Governor, Acting Governor, returning with recommendation of amendment the engrossed Bill relative to the benefits of certain court employees (see House, No. 4857) being a printed copy of Section 8 contained in the engrossed Bill relative to making appropriations for the fiscal year 2008 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4851) [for message, see House, No. 4856],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:—
By striking out all after the enacting clause and inserting in place thereof the following:
“Section 2 of chapter 61 of the acts of 2007 is hereby amended by inserting after item 0330-3017 the following item:—
0330-0338. For the costs in fiscal year 2008 of salary increases, benefit adjustments and other employee economic benefits authorized for employees of the supreme judicial court, the appeals court and the trial court that are covered by the collective bargaining agreements between the trial court of the commonwealth and the Office and Professional Employees International Union Local 6 (AFL-CIO), professional and clerical units and personnel of the trial court employed in confidential positions who would otherwise be covered by said agreement in effect for fiscal year 2008 and to meet the costs of providing equal salary adjustments and other economic benefits to employees who are not otherwise classified in any such collective bargaining unit of the trial court, the mental health legal advisors committee, the board of bar examiners and
the commission on judicial conduct 8,187,426”.
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Mr. Tisei and the Acting Governor’s, amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

Committee of Conference.

The House Bill financing improvements to the Commonwealth’s transportation system (House, No. 4846),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment (Amended by the Senate striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2800), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Wagner of Chicopee, DeLeo of Revere and Poirier of North Attleboro had been appointed the committee on the part of the House.
On motion of Mr. Tisei, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Baddour, Brewer and Hedlund were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

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. Timilty) and laid before the Governor for his approbation, to wit:
Relative to real property tax deferrals in the town of Lexington (see House, No. 4262);
Authorizing the town of Chatham to grant 2 additional licenses for the sale of all alcoholic beverages to be drunk of the premises (see House, No. 4522); and
Establishing a board of water and sewer commissioners in the town of Plainville (see House, No. 4685).

A petition (accompanied by bill, House, No. 4962) of Paul J. Donato for legislation to designate a certain bridge in the city of Medford as the Sergeant Anthony P. Annino Bridge,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.

Orders Adopted.

Mr. Petruccelli offered the following order to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Municipalities and Regional Government be granted until Friday, July 25, 2008 in which to make its final report on current Senate documents numbered 2736 and 2738, relative to various local issues.
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 Mr. Tisei, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

On motion of Mr. Tisei, —

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

On motion of the same Senator, at twenty-five minutes past twelve o’clock noon, the Senate adjourned to meet on the following day at one o’clock P.M.