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, August 20, 2007.

Met according to adjournment at eleven o’clock A.M. (Mr. Tolman in the Chair).

The Chair (Mr. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Reports.

The following reports were severally read and placed on file:

A report of the Executive Office of Transportation (pursuant to line items 6000-0100 and 6010-0001 of the General Appropriation Act for Fiscal Year 2007) submitting various reports (received Thursday, August 9, 2007); and

A report of the Department of Public Health (pursuant to Section 2 of Chapter 111 of the General Laws) submitting the 1997 Annual Report, Vital Statistics of Massachusetts (received Thurs­day, August 16, 2007).

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Western Massachusetts Correctional Alcohol Center (received Thursday, August 16, 2007),— was read and sent to the House for its information.

Petitions.

Petitions were presented and referred as follows:

By Mr. Panagiotakos, a petition (accompanied by bill, Senate, No. 2323) of Steven C. Panagiotakos, Thomas A. Golden, Jr., David M. Mangle and Kevin J. Murphy (by vote of the town) for legislation relative to elections in the city of Lowell in the current year [Local approval received];
Under Senate Rule 20, to the committee on Election Laws.

By Mr. McGee, a petition (accompanied by bill, Senate, No. 2324) of Thomas McGee and Douglas W. Petersen (by vote of the town) for legislation relative to property tax exemptions in the town of Swampscott [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

Mr. Montigny presented a petition (subject to Joint Rule 12) of Mark C. Montigny, Robert M. Koczera, Stephen R. Canessa, Antonio F. D. Cabral and other members of the General Court for legislation to relocate certain harbor lines in the Fairhaven and New Bedford Harbors,— 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. Augustus, for the committee on Election Laws, on petition, a Bill relative to recall elections in the town of Holbrook (Senate, No. 2304) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4215) of John D. Keenan (with the approval of the mayor and city council) that the city of Salem be authorized to issue a license for the sale of alcoholic beverages to be drunk on the premises to New Boston Ventures, LLC;
To the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 4216) of Stephen L. DiNatale (with the approval of the mayor and city council) that the city of Fitchburg be authorized to convey certain land to Dawn M. Tully in exchange of certain other land to be used by said city for watershed protection purposes; and

Petition (accompanied by bill, House, No. 4217) of John W. Scibak (by vote of the town) that the town of Hadley be authorized to establish a sewer system capital improvement fund;
Severally to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 4212) of David M. Torrisi and others (by vote of the town) that the positions of police chief and fire chief in the town of North Andover be exempt from the civil service law;

Joint petition (accompanied by bill, House, No. 4218) of Garrett J. Bradley and Robert L. Hedlund (by vote of the town) for legislation to prohibit certain elected public officials in the town of Hull from receiving retirement and health benefits; and

Joint petition (accompanied by bill, House, No. 4219) of Garrett J. Bradley and Robert L. Hedlund (by vote of the town) that positions in the public works department of the town of Hull be exempt from the civil service law;
Severally to the committee on Public Service.

Bills

Designating a certain bridge in the town of Freetown as the Joseph F. Simmons, Jr. bridge (House, No. 3643, changed,— on petition); and

Validating the actions taken at the annual town election held in the town of Southampton (printed in House, No. 4149,— being a message from His Excellency the Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Senate Ethics and Rules.

A report of the committee on Children, Families and Persons with Disabilities, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3813) of Vincent A. Pedone for legislation to establish a home energy assistance fund for families within the Department of Community Affairs, and recommending that the same be referred to the committee on Telecommunications, Utilities and Energy,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Baddour) “congratulating Fred Shaheen on the occasion of being awarded the St. Marguerite D’Youville Pilgrimage of Love Award”;

Resolutions (filed by Messrs. McGee, Berry, Brewer, Ms. Chand­ler, Messrs. Rosenberg and Tarr and Ms. Tucker) “celebrating the centennial of St. John’s Preparatory School”; and

Resolutions (filed by Ms. Spilka, Mr. Brown, Ms. Fargo, Mr. Moore and Ms. Resor) “honoring Kathleen B. Bartolini for a lifetime of public service.”

Communication.

The Clerk read the following communication:

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

August 16, 2007

Mr. William Welch, Senate Clerk
Office of the Senate Clerk
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

On Tuesday, July 31, 2007, I was absent from the Senate Chamber for a roll call vote due to a prior commitment.

Had I been present, I would have voted in the affirmative on S-2306. I respectfully request to have this printed in the Senate Journal.

Thank you in advance for your assistance in this matter.

Sincerely,
PATRICIA D. JEHLEN,
Senator,
Second Middlesex District.

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

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 town of Natick to borrow a certain sum of money (House, No. 3969),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bills Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill authorizing the town of Belmont to establish another post-employment benefits trust fund (see House, No. 1441) [for message, see House, No. 4211],— 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, in subsection (b), by striking out the fourth sentence and inserting in place thereof the following sentence:— “Subject in each instance to the approval of the town’s contributory retirement board, the town treasurer shall invest and reinvest the amounts in the OPEB Trust Fund not needed for current disbursement consistent with the prudent investment rule; but no funds shall be invested directly in mortgages or in collateral loans.”; and by striking out the title and inserting in place thereof the following title:— “An Act Authorizing the Town of Belmont to Establish Another Post-employment Benefits Trust Fund.”.
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 Governor’s amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to the procedures of town meeting in Burlington (see House, No. 2014) [for message, see House, No. 2035],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:—

In the fourth paragraph by striking out the last sentence and inserting in place thereof the following sentence:— “The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereof, but an action of the representative town meeting shall not be reversed unless 20 per cent of the registered voters of the town shall vote to reverse the vote of the representative town meeting.”.
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 Governor’s amendment was considered forthwith and adopted, in concurrence (as corrected BTR). Severally sent to the House for re-enactment.

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 Senate Bill relative to the city of Westfield regarding the Westfield Municipal Light Board (Senate, No. 2159),— 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.

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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 twenty-four minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.