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, August 7, 2008.

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

Reports of Committees.

By Mr. Creedon, for the committee on the Judiciary, on the recommitted petition, a Bill relative to the safety of judges (Senate, No. 844);
By the same Senator, for the same committee, on the recommitted petition, a Bill further regulating sex offender registration (Senate, No. 915); and
By Mr. Galluccio, for the committee on Public Service, on the recommitted petition (accompanied by bill, Senate, No. 1545), a Bill to clarify the MWRA retirement system (Senate, No. 2864);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Moore, for the committee on Health Care Financing, that the Senate Bill relative to surgical technology (Senate, No. 2782) (Estimated cost — $0);
By Mr. Creedon, for the committee on the Judiciary, on the recommitted petition, a Bill relative to the commission on judicial conduct (Senate, No. 866);
By the same Senator, for the same committee, on petition, a Bill designating the Fitchburg District Courthouse as the Gelinas Courthouse (Senate, No. 2846);
By the same Senator, for the same committee, on the recommitted petition (accompanied by bill, Senate, No. 841), a Bill increasing the value and kind of personal property exempt from execution (Senate, No. 2865);
By the same Senator, for the same committee, on the recommitted petition (accompanied by bill, Senate, No. 2702), a Bill relative to public parking in the city of Fitchburg (Senate, No. 2866); and
By Mr. Galluccio, for the committee on Public Service, on petition, a Bill relative to the Melrose Police Relief Corporation (Senate, No. 2836);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

Notice was received from the House announcing the following appointments:
That the Honorable Salvatore F. DiMasi, Speaker of the House of Representatives, has announced the appointment of Representatives Demetrious J. Atsalis of Barnstable and Frank I. Smizik of Brookline to the Ocean Advisory Committee (established pursuant to Chapter 114 of the Acts of 2008). and;
That the House Minority Leader has appointed Representative Bradford Hill of Ipswich as his designee to the Executive Task Force to Examine Home Heating Costs in the Winter Months.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Hart) “congratulating Thomas David Steiner, Jr. on the occasion of his retirement from the Boston Police Department.”

Communications.

The Clerk read the following communications:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

August 6, 2008.

William Welch, Senate Clerk
Room 335
State House
Boston, MA 02133

Dear Mr. Clerk:

On July 30, 2008, I was absent from the Senate Chamber during the roll call vote on H. 4120. Had I been present, I would have voted in the affirmative on H.4120.

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for Wednesday, July 30, 2008. Thank you for your assistance in this matter.

Sincerely,
BRIAN A. JOYCE,
State Senator.

On motion of Mr. Moore, the above communication was ordered printed in the Journal of the Senate.

COMMOMWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

Mr. William Welch, Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

July 31, 2008.

Dear Mr. Clerk:

On Wednesday July 30, 2008, I was absent from the Senate floor due to a matter of significant importance to my district. I missed three roll calls.

1. House 4120 AN ACT AUTHORIZING THE TOWN OF WEST BOYLSTON TO CONVEY CERTAIN OPEN SPACE LAND.

2. House 4559 AN ACT RELATIVE TO CERTAIN PROPERTY IN THE TOWN OF CHILMARK.

3. House 5020 AN ACT PROVIDING FOR THE MERGER OF THE TURNERS FALLS FIRE DISTRICT AND THE LAKE PLEASANT WATER SUPPLY DISTRICT.

Had I been present, I would have voted in the affirmative on all three bills.

I would respectfully request that this letter be published in the Senate Journal as part of the official record. Thank you in advance for your assistance in this matter.

Sincerely,
DIANNE WILERSON,
State Senator,
Second Suffolk District.

On motion of Mr. Brown, the above communication was ordered printed in the Journal of the Senate.

Engrossed Bills Returned by Governor With Recommendations of Amendment.

The engrossed Bill authorizing the town of Middleborough to convey town-owned conservation land in exchange for other land to be used as conservation and recreation land (see Senate, No. 1188, amended) (which on Thursday, July 31, 2008, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Governor on Thursday, August 7, 2008 at seventeen minutes before ten o’clock A.M., with a message recommending an amendment. The message (Senate, No. 2867) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Mr. Moore.

The engrossed Bill authorizing the town of Middleborough to use a portion of town-owned land for purposes other than water supply protection and storage (see Senate, No. 1189) (which on Thursday, July 31, 2008, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Governor on Thursday, August 7, 2008, at seventeen minutes before ten o’clock A.M., with a message recommending an amendment.
The message (Senate, No. 2868) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Mr. Brown.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:
The House Bill authorizing the mayor of the city of Revere to appoint an additional eight members to the reserve force of firemen of the city of Revere fire department (House, No. 4838),— 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 authorizing the mayor to appoint an additional eight members to the reserve force of firefighters of the fire department of the city of Revere”.

Reports of Committees.

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 relative to the cremation of bodies of certain deceased persons (House, No. 4929).
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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Timothy M. Larkin, an employee of the executive office of administration and finance (House, No. 4955),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

The Senate Bill relative to Rutland Heights State Hospital (Senate, No. 2353, amended),— came from the House passed to be engrossed, in concurrence with an amendment striking out sections 1 to 4, inclusive (as inserted by amendment by the Senate).
The rules were suspended, on motion of Mr. Moore, and the House amendment was considered forthwith and adopted, in concurrence.

The Senate Bill relative to children’s mental health (Senate, No. 2804, amended),— came from the House passed to be engrossed, in concurrence with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5047.
The rules were suspended, on motion of Mr. Brown, and the House amendment was considered forthwith and adopted, in concurrence.

A joint petition (accompanied by bill, House, No. 5061) of Geoffrey D. Hall and Pamela P. Resor that members of the armed forces from the Commonwealth be exempt from payment of a fee for the issuance of fishing licenses,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to school district accountability (see House, No. 4967, 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 LVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 3 to 0.
The bill was signed by the Acting President (Ms. Wilkerson) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Ms. Wilkerson) and laid before the Governor for his approbation.

Engrossed Bills.

The following engrossed bills (all 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 (Ms. Wilkerson) and laid before the Governor for his approbation, to wit:
Designating certain land in the towns of Acton and Concord for conservation, agriculture, open space and recreational purposes (see Senate, No. 38, amended);
Further regulating employment contracts for school principals (see Senate, No. 273, amended);
To improve dropout prevention and reporting of graduation rates (see Senate, No. 2766, amended); and
Relative to the Massachusetts Convention Center Authority (see Senate, No. 2793).

Order Adopted.

On motion of Mr. Brown,—

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 the same Senator, at a half past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.