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 16, 2007.

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

Distinguished Guests.

There being no objection, the Chair (Mr. Tolman) handed the gavel to Mr. Brewer for the purpose of an introduction. Mr. Brewer then introduced Sam and Joan Kacmarzek who won lunch and a tour with Senator Brewer.

Petition.

Mr. Brewer presented a petition (subject to Joint Rule 12) of Stephen M. Brewer for legislation relative to property tax benefits for senior citizen volunteers,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Mr. McGee, for the committee on Labor and Workforce Development, on Senate, No. 1066 and House, No. 1857, a Bill relative to worker’s compensation (Senate, No. 1066); and

By the same Senator, for the same committee, on Senate, Nos. 1056 and 1060 and House, No. 1777, a Bill relative to providing benefits for permanent functional loss and disfigurement under the Worker’s Compensation Act (Senate, No. 2289);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committee Discharged.

Ms. Chandler, for the committee on Community Development and Small Business, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 136) of Cynthia S. Creem, Lida E. Harkins, Christine E. Canavan, Ruth B. Balser and other members of the General Court for legislation relative to food allergy awareness in restaurants,— and recommending that the same be referred to the committee on Public Health.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A Bill protecting patient confidentiality (House, No. 1315,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Reports

Of the committee on Financial Services, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 1076) of John W. Scibak and others for legislation to expand access to dental coverage; and
Of the petition (accompanied by bill, House, No. 3936) of Eric Turking­ton and others for legislation to provide access for certain workers, including artists, for health care insurance;
And recommending that the same severally be referred to the committee on Health Care Financing.
Of the petition (accompanied by bill, House, No. 803) of Brooke Loughlin and others relative to providing for a lead paint abatement program for family day care homes,— and recommending that the same be referred to the committee on Public Health.
Of the committee on State Administration and Regulatory Oversight, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3227) of George N. Peterson, Jr., and Bradley H. Jones, Jr., relative to assertions by taxpayers of evidence of certain non-tax business benefits under the administrative provisions of the tax laws,— and recommending that the same be referred to the committee on Revenue.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Joyce) “congratulating Michael Stephen Koker on receiving the Eagle Scout Award”;
Resolutions (filed by Mr. Joyce) “on the one hundredth anniversary of the Massachusetts Hospital School”;
Resolutions (filed by Mr. O’Leary) “congratulating Phyllis Robbins Horton on the occasion of her eightieth birthday”; and
Resolutions (filed by Mr. Pacheco) “congratulating Terrence R. Cavicchi upon his elevation to the rank of Eagle Scout.”

PAPER FROM THE HOUSE.

A Resolve reviving and continuing and increasing the scope of the special commission relative to ending homelessness in the Commonwealth (House, No. 4151,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 authorizing the town of Middleborough to deposit certain tax payments received into its land acquisition fund (Senate, No. 1187),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill relative to certain playground land in the town of Provincetown (House, No. 3754),— was considered.

Pending the question on passing the bill to be engrossed, Mr. O’Leary presented an amendment inserting after the words “school committee” the following words:— “for playground purposes”; and further moved to amend the bill by striking out section 2 and inserting in place thereof the following 2 sections:—

“SECTION 2. If the land authorized for transfer in section 1 ceases to be used purposes described in section 1, the land shall revert to the board of selectmen of the town of Provincetown for playground purposes.

SECTION 3. This act shall take effect upon its passage.”
This amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The House Bill relative to the investment of trust funds for the city of Newton (House, No. 3951),— was read a second time and ordered to a third reading.

The House Bill authorizing the town of Westborough to grant an additional license for the sale of all alcoholic beverages not to drunk on the premises (House, No. 4049),— was read a second time and ordered to a third reading.

Reports of a Committee.

Ms. Menard, 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 Senate Bill to improve juror service (Senate, No. 2261).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time and ordered to a third reading.

Ms. Menard, 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 the Massachusetts College of Arts and Design (House, No. 4088).
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and ordered to a third reading.

PAPERS FROM THE HOUSE.
Engrossed Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill to authorize the town of Wellesley to exchange certain property with James and Pamela Broderick (see House, No. 3954) (for message, see House, No. 4126],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:—

In section 2, by adding the following two sentences:
The board of selectmen shall determine whether the fair market value of this parcel is equal to or greater than the fair market value of the property described in section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal. If there is a disparity in these values which is not in the town of Wellesley’s favor, James and Pamela Broderick shall pay a sum equal to the difference to the town of Wellesley for deposit into its open space fund or otherwise dedicated to open space preservation.”
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. Moore, and the Governor’s amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

A Bill relative to the use of certain school building assistance program reimbursements to the city of Medford (House, No. 4096, changed,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Jehlen, 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 Michael R. Knapik and Rosemary Sandlin for legislation to authorize the Department of Capital Asset Management and Maintenance to grant certain easements in the towns of Russell and Montgomery over lands held for conservation and recreation purposes.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Bonding, Capital Expenditures and State Assets.

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 Steven A. Baddour and Thomas A. Golden, Jr. for legislation to establish the Massachusetts Missing Child Clearinghouse.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety and Homeland Security.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4163) of George N. Peterson, Jr., that the Department of Revenue be authorized to establish a sick leave bank for Linda M. Supernor, an employee of said department,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Emergency Preambles Adopted.

An engrossed Bill to reduce the reliance on property taxes through municipal health care (see House, No. 4110, 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 2 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

An engrossed Bill to reduce the stress on local property taxes through enhanced pension fund investment (see House, No. 4125, 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 2 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill relative to the administration of the city of Worcester (see House, No. 4131) (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 enacted and was signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation.

Recess.

There being no objection, at twenty-two minutes past eleven o’clock A.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at nineteen minutes before two o’clock P.M., the Senate reassembled, Mr. Tolman in the Chair.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (both 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. Tolman) and laid before the Governor for his approbation, to wit:
Establishing the Rehoboth agricultural and natural resources preservation council (see House, No. 2032, amended); and
Relative to the use of certain school building assistance program reimbursements to the city of Medford (see House, No. 4096, changed and amended).

Engrossed Resolve.

An engrossed Resolve reviving and continuing and increasing the scope of the special commission relative to ending homelessness in the Commonwealth (see House, No. 4151) (which originated in the House), 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. Tolman) and laid before the Governor for his approbation.

A Bill relative to the at large preliminary election in the city of Boston in 2007 (House, No. 4162,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 relative to the at-large preliminary election in the city of Boston in 2007”.

Order Adopted.

On motion of Mr. Hedlund,—
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 seventeen minutes before two o’clock P.M., the Senate adjourned to meet on the following day at one o’clock P.M.