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 26, 2007.

Met at seven minutes 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.

Report of a Committees.

By Mr. Moore, for the committee on Health Care Financing, that the Senate Bill to prevent falls among older adults (Senate, No. 422),— ought to pass [Estimated cost — more than $100,000];
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Moore, for the committee on Health Care Financing, on petition, a Bill establishing the nursing and allied health trust fund (Senate, No. 674) [Estimated cost — $0]; and
By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to child passenger safety (Senate, No. 2018);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Augustus and Brewer, Ms. Chandler and Mr. Moore) “honoring the premiere of the ‘Borinqueneers’, a documentary film about the All-Puerto Rican sixty-fifth infantry regiment”;
Resolutions (filed by Messrs. Brewer and Moore) “congratulating Richard M. Mangion on the occasion of his retirement from Harring­ton Memorial Hospital”;
Resolutions (filed by Mr. Brewer) “recognizing Reverend Paul Samuelson and Diane Samuelson for their endless dedication to the 4-H community”;
Resolutions (filed by Mr. Downing) “congratulating President and Chief Executive Officer William R. Wilson, Jr. on the occasion of his retirement from the Berkshire Visitors Bureau”; and
Resolutions (filed by Mr. Panagiotakos) “honoring Congressman Martin T. Meehan for his outstanding service to the United States of America and the citizens of the Commonwealth of Massachusetts.”

Order Adopted.

Mr. Buoniconti offered the following order, to wit:

Ordered, That a special committee of the Senate to consist of Senate members of the committee on Financial Services be appointed to investigate and study the transition to managed competition in the Massachusetts private passenger automobile insurance market. The Senate Chair of the committee on Financial Services shall chair the special committee.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Ms. Menard 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.

Motion to Reconsider.

Mr. Panagiotakos presented a motion that the Senate reconsider the vote by which, at a previous session, had passed to be engrossed the Senate Bill relative to employer assisted housing and responsible lending (Senate, No. 2299, printed as amended); and, there being no objection, the motion prevailed.
The same Senator presented an amendment that the bill be amended in section 10, in section 3 of the proposed chapter 255F of the General Laws, by striking out clause (b) and inserting in place thereof the following clause:—
“(b) An applicant shall: (i) have completed a residential mortgage lending course, as determined by the commissioner, during the 2 year period immediately preceding the date of the application; (ii) provide evidence that the applicant has received a passing grade on such residential mortgage lending course examination within such 2 year period; and (iii) if requested by the commissioner, provide all documentation related to any mortgage transaction or mortgage application sought or processed within the 2 years prior to such application.”
The amendment was adopted.
The recurring question on passing the bill, as amended, to be engrossed was then considered; and the bill was again engrossed, with the amendments. [For text of Senate amendments, see Senate, No. 2299, printed as amended, amended.]
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A joint petition (accompanied by bill, House, No. 4183) of Barry R. Finegold and Susan C. Tucker for legislation to establish a sick leave bank for Colleen Hannon, an employee of the Middlesex County Division of the Juvenile Court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

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 exempting Antonio F. Dinis from the maximum age requirements for applying for civil service appointment as police officer in the town of Milford (Senate, No. 2253),— was read a second time, 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 authorizing the appointment of Antonio F. Dinis as a police officer in the town of Milford notwithstanding the maximum age requirements”.
Sent to the House for concurrence.

The Senate Bill exempting Alcino Fernandes from the maximum age requirements for applying for civil service appointment as police officer in the town of Milford (Senate, No. 2254),— was read a second time, 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 authorizing the appointment of Alcino Fernandes as a police officer in the town of Milford notwithstanding the maximum age requirements”.
Sent to the House for concurrence.

The Senate Bill exempting Jonathan M. Robertson from the maximum age requirements for applying for civil service appointment as firefighter in the town of Milford (Senate, No. 2252),— was read a second time, 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 authorizing the appointment of Jonathan M. Robertson as a firefighter in the town of Milford notwithstanding the maximum age requirements”.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill relative to property owned by the Boys and Girls Club of Brockton, Inc. (see Senate, No. 2175) (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. Havern) and laid before the Governor for his approbation.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill regarding compliance with the streamlined sales and use tax agreement, so-called (Senate, No. 1757),— ought to pass.
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act regarding compliance with the streamlined sales and use tax agreement”.
Sent to the House for concurrence.


Recess.

There being no objection, at ten minutes before twelve o’clock noon, the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at seven minutes past five o’clock P.M., the Senate reassembled, 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).

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (both 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 (Mr. Tolman) and laid before the Governor for his approbation, to wit:
Relative to volunteers at state parks (see Senate, No. 786); and
Prohibiting internet hunting (see Senate, No. 860, amended).

Engrossed Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to security freezes and notification of data breaches (see House, No. 4144) [for message, see House, No. 4181],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:—
“In Section 16, in subsection 2, of the proposed chapter 93H of the General Laws, by striking out, in paragraph (b), the first sentence and inserting in place thereof the following sentence: “The supervisor of records, with the advise and consent of the information technology division to the extent of its jurisdiction to set information technology standards under paragraph (d) of section 4A of chapter 7, shall establish rules or regulations designed to safeguard the personal information of residents of the commonwealth that is owned or licensed.”.
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. Tarr, and the Governor’s amendment was considered forthwith and adopted, in concurrences, (as corrected BTR).
Sent to the House for re-enactment.

Emergency Preamble Adopted.

An engrossed Bill relative to the management and operation of the Wallace Civic Center and Planetarium in the city of Fitchburg (see Senate, No. 2209, 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.

Order Adopted.

On motion of Mr. Tarr,—
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, in a full formal session.

On motion of the same Senator, at nineteen minutes past six o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.