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, September 18, 2008.

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

Distinguished Guest.

There being no objection, the Chair (Mr. Brewer) handed the gavel to Mr. Tarr for the purpose of an introduction. Mr. Tarr then introduced a group of students from St. Kevin’s College in Melbourne, Australia. They were on a school trip visiting Massachusetts and were taking a tour of the State House. The students participated in a mock trial learning about the different aspects of state government. They were accompanied by Manchester-by-the-Sea Selectwoman Mary Hardwick, who is acting as their guide while visiting the United States. A student addressed the Chamber and thanked Mr. Tarr for giving them such a wonderful opportunity. The Senate welcomed them with applause and they withdrew from the Chamber.

Report.

A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the condition of the Unemployment Insurance Trust Fund for the month of August 2008 (received Monday, September 15, 2008),— was placed on file.

Reports of Committees.

By Mr. Baddour, for the committee on Transportation, on the recommitted petition, a Bill designating a portion of route 140 as the Donald R. “Doug” Keniston roadway (Senate, No. 2861);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Augustus, for the committee on Election Laws, on petition, a Bill relative to recall in the town of Middlefield (Senate, No. 2871) [Local approval received]; and
By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing the establishment of the Geriatric Authority of Malden and providing for the financing thereof (Senate, No. 2844) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Discharged.

Mr. Downing, for the committee on Ethics and Rules, reported, asking to be discharged from further consideration of the House Bill relative to caregiver medical and educational consent (House, No. 4718),— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Bills
Relative to veterans (House, No. 4752,— on House, No. 3709); and
Authorizing certain appropriations from the town of Bridgewater’s capital projects fund (House, No. 4848,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to establishment of a capital improvement trust fund in the town of Stoneham (House, No. 4073,— on petition) [Local approval received];
Relative to the leasing of certain property in the town of Stoneham (House, No. 4074,— on petition) [Local approval received]; and
Authorizing the city of New Bedford to grant eighteen additional licenses for the sale of wine and malt beverages to be drunk on the premises (House, No. 4994,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Emergency Preambles Adopted.

An engrossed Bill designating the Fitchburg District Courthouse as the Gelinas Courthouse (see Senate, No. 2846), 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. Brewer) and sent to the House for enactment.

An engrossed Bill establishing the Massachusetts Creative Economy Council (see House, No. 4965, 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. Brewer) and sent to the House for enactment.
A Bill relative to certain affordable housing in the city of Boston (House, No. 4710,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bills.

The following engrossed bills (the first 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. Brewer) and laid before the Governor for his approbation, to wit:
Relative to public parking in the city of Fitchburg (see Senate, No. 2866); and
Relative to blood donations by minors (see House, No. 4547).

Resolutions.

he following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:
Resolutions (filed by Mr. Antonioni) “recognizing St. Joseph’s Church on the anniversary of its 100th year”;
Resolutions (filed by Mr. McGee) “congratulating Maureen McKinnon-Tucker of Marblehead on winning the gold medal in sailing at the 2008 Paralympic Games in Beijing, China”;
Resolutions (filed by Mr. Pacheco) “recognizing Peter H. Corr for his distinguished public service to the city of Taunton”; and
Resolutions (filed by Ms. Walsh) “congratulating Massachusetts Little League State Champion Parkway National.”

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 establishment of the Nantucket Sewer Commission and Sewer Districts in the town of Nantucket (House, No. 4213) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

A Bill to remove the department of finance in the town of Upton (House, No. 4976,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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 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 Senate Bill relative to the Melrose Police Relief Corporation (Senate, No. 2836).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill 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.

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 validating the action taken at the annual town election held in the town of Lanesborough (printed in House, No. 4250).
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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 validating the actions taken at the annual town election held in the town of Lanesborough”.

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 validating a certain election in the town of Medway (printed in House, No. 4545).
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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 increasing certain retirement benefits (House, No. 2594).
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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 further regulating certain retirement benefits”.

The Senate Bill relative to harbormaster training certification (Senate, No. 509, changed and 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 4791.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith.
On further motion of Mr. Tarr, the Senate concurred in the House amendment with a further amendment striking out section 2 and inserting in place thereof the following section:—
“SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35JJ, inserted by section 13 of chapter 223 of the acts of 2008, the following section:—
Section 35KK. (a) There shall be established a Harbormaster Training Trust Fund, into which shall be deposited monies received by the commonwealth from all sources pertaining to harbormaster training from training fees paid by municipalities, training fees paid by individuals, sums received by the commonwealth from the federal government as grants and appropriations, state grants and appropriations and private contributions and gifts. The fund shall only be used as follows:
(1) for payment of general administrative expenses of the harbormaster training council established in section 116D of chapter 6, but such expenses shall not exceed 25 per cent of the total expenditures in a fiscal year which are spent on administrative expenditures; provided, however, that expenditures may be made for the compensation of a staff person as those services are deemed necessary by the council; and
(2) for the procurement and funding of harbormaster training by the council or its designees.
(b) The state treasurer shall receive and deposit all revenues transmitted to him under subsection (a) in a manner that will ensure the highest rate of interest available consistent with the safety of the Harbormaster Training Trust Fund and all interest accrued shall be deposited into the fund. Any unexpended balance in the fund at the end of a fiscal year shall not revert and shall be available for expenditures in the subsequent fiscal year. No expenditure from the fund shall cause the fund to be in a deficiency at the close of a fiscal year.”
Sent to the House for concurrence in the further amendment.

A petition (accompanied by bill, House, No. 5097) of Christopher J. Donelan and others for legislation to designate a certain pond in the Quabbin Reservoir and located in the town of New Salem as the Joseph P. O’Loughlin Pond,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

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.

Adjournment in Memory of POW-MIA Recognition Day.

The Senator from Essex and Middlesex, Mr. McGee, the Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer and the Senator from Suffolk and Middlesex, Mr. Tolman, requested that when the Senate adjourns today, it adjourn in memory of those who have not only served our Nation in times of war but for those brave individuals held as prisoners of war and for those who remain missing in action.

As tomorrow, September 19th, is POW-MIA Recognition Day, it is imperative that we never forget or fail to honor, the memory of those who paid an indescribable price, as well as the sacrifices and the suffering of their families, for the freedoms we hold so dear.

Accordingly, as a mark of respect to the memory of POW-MIA Recognition Day, at eighteen minutes past eleven o’clock A.M., on motion of Mr. Tarr, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.