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 27, 2007.

Met according to adjournment at one o’clock P.M. (Mr. Brewer in the Chair).

Distinguished Guest.

There being no objection, the President handed the gavel to Ms. Resor for the purpose of an introduction. Ms. Resor then introduced Lance Corporal Matt Lupisella from Marlboro who was accompanied to the State House by his father Dean and his mother Sue. Lance Corporal Lupisella is on leave and will return to Iraq in the coming weeks. Lance Corporal Matt Lupisella signed the guest book and, along with his parents, withdrew from the Chamber.

Report of a Committee.

By Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on petition (accompanied by bill, Senate, No. 211), a Bill providing updates to the gift certificate law (Senate, No. 2345);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, that the recommitted Senate Bill authorizing the town of Dedham to grant an additional license for the sale of all alcoholic beverages (Senate, No. 2336),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2228.
Placed in the Orders of the Day for the next session, the question being on ordering it to a third reading, with the amendment pending.

Committee Discharged.

Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 243) of Steven A. Tolman for legislation relative to identity theft jurisdiction,— and recommending that the same be referred to the committee on the Judiciary,
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A Bill making appropriations for the fiscal year 2007 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4254,— on House, No. 4127, in part),— was read and, under Senate Rule 27, referred to the committee on Ways and Mean.

Petitions were referred, in concurrence, as follows:

Joint petition (accompanied by bill, House, No. 4255) of Sarah K. Peake and Robert A. O’Leary (by vote of the town) that the town of Harwich be authorized to acquire certain property of the Pine Grove Cemetery Association of said town;
Joint petition (accompanied by bill, House, No. 4256) of Sarah K. Peake and Robert A. O’Leary (by vote of the town) relative to the operation of the land acquisition and maintenance fund of the town of Eastham; and
Petition (accompanied by bill, House, No. 4257) of Sarah K. Peake and Robert A. O’Leary (by vote of the town) that the town of Harwich be authorized to acquire certain land for cemetery purposes;
Severally to the committee on Municipalities and Regional Government.

Reports
Of the committee on Transportation, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 3620) of Michael F. Rush and others for legislation to designate a certain street in the West Roxbury section of the city of Boston as the Reverend Paul A. Phinn Way; and
Of the petition (accompanied by bill, House, No. 3634) of Stephen Stat Smith and others relative to designating a certain traffic rotary in the city of Everett as the Edward G. Connolly memorial rotary;
And recommending that the same severally be referred to the committee on Environment, Natural Resources and Agriculture.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Notice was received from the House announcing the following appointments:

That Representative Kulik of South Deerfield and Dr. Susan Yates of Williamstown have been appointed by the Speaker of the House to the special commission established (under Section 85 of Chapter 61 of the Acts of 2007) for the purpose of studying the accessibility and quality of doctors who specialize in obstetric, gynecological and neurosurgical care of women in Berkshire, Franklin, Hampden and Hampshire counties.
There being no objection at one minute past one o’clock P.M., the Chair (Mr. Brewer) declared a recess subject to the call of the Chair; and, at ten minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.
The President, members, guests and employees then recited the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brewer) “honoring the song ‘Dirty Water’ as the official victory song of the Boston Red Sox”;
Resolutions (filed by Mr. Buoniconti) “congratulating Alpha Kappa Alpha Sorority, Inc., on its one hundredth anniversary”;
Resolutions (filed by Mr. Knapik) “honoring Teresa Struziak Sherman as the 2007 recipient of the Outstanding Polish Heritage Citizen Award”; and
Resolutions (filed by Ms. Wilkerson) “recognizing September 28, 2007, as Community Health Worker Day.”

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4258) of Mary E. Grant and others for legislation to include certain employees of the cities of Beverly, Peabody and Salem as members of the board of the South Essex Sewerage District;
Under suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4259) of Brian P. Wallace and Stephen Stat Smith relative to the eligibility of the sons of William Hayhurst, a deceased fire fighter of the city of Boston, for appointment to the fire department of said city;
Under suspension of Joint Rule 7B, to the committee on Public Service.

Matters Taken Out of the Notice Section of the Calendar.

There being no objection, the following matters were taken out of the Notice Section of the Calendar and considered as follows:
The Senate Bill relative to the financing of a contract termination charge by the town of Norwood (Senate, No. 2277),— 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 relative to the financing of a contract termination charge incurred by the town of Norwood”.
Sent to the House for concurrence.

The Senate Bill establishing a community events fund for the town of Wareham (Senate, No. 2287),— 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.

The Senate Bill exempting Timothy R. Grabarz and Thomas E. Cady from the maximum age requirement for appointment as a police officer in the town of Raynham (Senate, No. 1621),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Reports of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill authorizing the partial release of certain land in Easthampton from the operation of an agricultural preservation restriction (Senate, No. 42),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. O’Leary, 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill authorizing the conveyance of a certain parcel of land in the city of Boston (House, No. 4185),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2347.
There being no objection, the rules were suspended, on motion of Mr. Hart, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the conveyance of certain parcels of land in the city of Boston”.
Sent to the House for concurrence in the amendment.

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 authorizing the Wachusetts Regional School District to borrow money for the cleanup of oil contamination and related costs (Senate, No. 2322).
There being no objection, the rules were suspended, on motion of Mr. Antonioni, 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 authorizing the Wachusett Regional School District to borrow money for the cleanup of oil contamination and related costs”.
Sent to the House for concurrence.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Authorizing the appointment of Edward M. Grace as a police officer or firefighter in the city of Boston not withstanding the maximum requirement (Senate, No. 1442);
Regulating certain insurance benefits for elected officials of the town of Easton (Senate, No. 1525);
Relative to the town of Duxbury (House, No. 4098); and
Relative to an additional liquor license in the city of Salem (House, No. 4148);
Were severally read a second time and ordered to a third reading.

The Senate Bill regulating the distribution of household cleansing products containing phosphorous (Senate, No. 536, changed) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.

After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at four minutes past two o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 32 — nays 0) [Yeas and Nays No. 117]:

YEAS.
Antonioni, Robert A. Knapik, Michael R.
Augustus, Edward M., Jr. McGee, Thomas M.
Baddour, Steven A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. O’Leary, Robert A.
Buoniconti, Stephen J. Pacheco, Marc R.
Candaras, Gale D. Panagiotakos, Steven C.
Chandler, Harriette L. Resor, Pamela
Creedon, Robert S., Jr. Spilka, Karen E.
Creem, Cynthia Stone Tarr, Bruce E..
Downing, Benjamin B. Timilty, James E.
Hart, John A., Jr. Tisei, Richard R.
Hedlund, Robert L. Tolman, Steven A.
Jehlen, Patricia D. Tucker, Susan C.
Joyce, Brian A. Walsh, Marian  — 32.
NAYS — 0.
ABSENT OR NOT VOTING.
Fargo, Susan C. Rosenberg, Stanley C.
Moore, Richard T. Wilkerson, Dianne  — 5.
Petruccelli, Anthony

The yeas and nays having been completed at nine minutes past two o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

Report of a Committee.

There being no objection, during consideration of the Orders of the Day, the following matters were considered, to wit:

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill making appropriations for the fiscal year 2007 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4254),— ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Creem, and the bill was read a second time and, after debate, was ordered to a third reading and read a third time.


The question on passing it to be engrossed, in concurrence, was determined by a call of the yeas and nays, at twenty-two minutes past two o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 32 — nays 0) [Yeas and Nays No. 118]:

YEAS.
Antonioni, Robert A. Knapik, Michael R.
Augustus, Edward M., Jr. McGee, Thomas M.
Baddour, Steven A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. O’Leary, Robert A.
Buoniconti, Stephen J. Pacheco, Marc R.
Candaras, Gale D. Panagiotakos, Steven C.
Chandler, Harriette L. Resor, Pamela
Creedon, Robert S., Jr. Spilka, Karen E.
Creem, Cynthia Stone Tarr, Bruce E.
Downing, Benjamin B. Timilty, James E.
Hart, John A., Jr. Tisei, Richard R.
Hedlund, Robert L. Tolman, Steven A.
Jehlen, Patricia D. Tucker, Susan C.
Joyce, Brian A. Walsh, Marian  — 32.
NAYS — 0.
ABSENT OR NOT VOTING.
Fargo, Susan C. Rosenberg, Stanley C.
Moore, Richard T. Wilkerson, Dianne — 5.
Petruccelli, Anthony

The yeas and nays having been completed at twenty-five minutes past two o’clock P.M., the bill was passed to be engrossed, in concurrence.

Orders of the Day.

The Orders of the Day were further considered, as follows:

The Senate Bill relative to oceans (Senate, No. 2346),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Hart moved that the bill be amended by inserting after the word “Dartmouth”, in line 151, the following words: “and at least 1 of whom shall be from the department of environmental, earth and ocean science at the University of Massachusetts at Boston;”.
After remarks, the amendment was adopted.
Messrs. Tarr and O’Leary moved that the bill be amended by inserting after the words “at the executive office of energy and environmental affairs”, in line 110, the following words:— “and with the clerks of the House and the Senate”.
After remarks, the amendment was adopted.
Mr. Tarr moved that the bill be amended by inserting in line 127, after the words “coastal municipalities”, the following words:— “of diverse size and location”.
After remarks, the amendment was adopted.
After further remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-one minutes before three o’clock P.M., on motion of Mr. O’Leary, as follows, to wit (yeas 33 — nays 0) [Yeas and Nays No. 119]:

YEAS.
Antonioni, Robert A. McGee, Thomas M.
Augustus, Edward M., Jr. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. O’Leary, Robert A.
Brown, Scott P. Pacheco, Marc R.
Buoniconti, Stephen J. Panagiotakos, Steven C.
Candaras, Gale D. Resor, Pamela
Chandler, Harriette L. Spilka, Karen E.
Creedon, Robert S., Jr. Tarr, Bruce E.
Creem, Cynthia Stone Timilty, James E.
Downing, Benjamin B. Tisie, Richard R.
Hart, John A., Jr. Tolman, Steven A.
Hedlund, Robert L. Tucker, Susan C.
Jehlen, Patricia D. Walsh, Marian
Joyce, Brian A. Wilkerson, Dianne — 33.
Knapik, Michael R.
NAYS — 0.
ABSENT OR NOT VOTING.
Fargo, Susan C. Petruccelli, Anthony
Moore, Richard T. Rosenberg, Stanley C. — 4.

The yeas and nays having been completed at eighteen minutes before three o’clock P.M., the bill (Senate, No. 2346, amended) was passed to be engrossed.
Sent to the House for concurrence.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered as follows:
The Senate Bill establishing the North Carver Water District (Senate, No. 2308),— 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.

Report of a Committee.

Mr. Downing, for the committee on Public Service, on petition, a Bill relative to the eligibility of the sons of William Hayhurst, a deceased fire fighter of the city of Boston, for appointment to the fire department of said city (printed as House, No. 4259).
There being no objection, the rules were suspended, on motion of Mr. Hart, 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.

Recess.

Mr. McGee in the Chair, there being no objection, at eighteen minutes past three o’clock P.M., the Chair (Mr. McGee) declared a recess subject to the call of the Chair; and, at ten minutes past four o’clock P.M., the Senate reassembled, Mr. McGee 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 (all 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. McGee) and laid before the Governor for his approbation, to wit:
Authorizing the town of Auburn to establish an Auburn High School gymnasium health and recreation trust fund (see House Bill, printed as Senate, No. 2263);
Relative to elections in the town of Merrimac (see House, No. 3947); and
Making appropriations for the fiscal year 2007 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4254).

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.

Adjournment in Memory of New Bedford City Council President Leo Pimental.

The Senator from Bristol and Plymouth, Mr. Montigny, presented a request that when the Senate adjourns today, it do so in memory of New Bedford City Council President Leo Pimental, who died unexpectedly at age 49 last Monday night.

Accordingly, as a mark of respect to the memory of New Bedford City Council President Leo Pimental, at twelve minutes past four o’clock P.M., on motion of Mr. Brown, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.