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, October 4, 2007.

Met at two minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Plymouth and Norfolk, Mr. Hedlund, led the Chair (Mr. Rosenberg), members, guests and employees in reciting the pledge of allegiance to the flag.

Communication.

A communication was received from the Honorable Anthony D. Galluccio, Cambridge City Councilor, stating that his current address is 23 Trowbridge Street #2, Cambridge, Massachusetts 02138,— was placed on file.

Reports.

The following reports were severally read and placed on file:
A report of the Group Insurance Commission (under the provisions of Section 21 of Chapter 32A of the General Laws) submitting its annual report on vendor quality improvement activities (received Monday, October 1, 2007);
A report of the Massachusetts Legal Assistance Corporation (under the provisions of Section 10 of Chapter 221A of the General Laws) submitting a copy of its annual report for Fiscal Year 2007 (received Monday, October 1, 2007);
A report of the Special Commission to review the current state of the homeowners insurance market in the Commonwealth (under the provisions of Section 84 of Chapter 61 of the Acts of 2007) submitting its preliminary report (received Monday, October 1, 2007); and
A report of the Massachusetts Biologic Laboratories (under the provisions of Section 43(f) of Chapter 75 of the General Laws) submitting its eleventh annual report on its activities for the fiscal year 2007 (received Monday, October 1, 2007).

Petitions.

Petitions were presented and referred as follows:
By Mr. Rosenberg, a petition (accompanied by bill, Senate, No. 2355) of Stanley C. Rosenberg, Gale D. Candaras, Thomas M. Petrolati and Stephen Kulik (by vote of the town) for legislation to authorize and direct the Division of Capital Asset Management to grant a sewer easement in certain land in the town of Belchertown to the town of Belchertown [Local approval received];
Under Senate Rule 20, to the committee on Bonding, Capital Expenditures and State Assets.
By Mr. Morrissey, a petition (accompanied by bill, Senate, No. 2356) of Michael W. Morrissey, Bruce J. Ayers, Ronald Mariano and A. Stephen Tobin (with the approval of the mayor and city council) for legislation regarding the city of Quincy’s healthcare coverage [Local approval received];
Under Senate Rule 20, to the committee on Public Service.
Severally sent to the House for concurrence.

Reports of Committees.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill establishing a sick leave bank for Lori Silva, an employee of the Trial Court (Senate, No. 2351);
By Mr. Downing, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for Peter Hebert, an employee of the Department of Social Services (Senate, No. 2348);
By Mr. Baddour, for the committee on Transportation, on petition, a Bill to authorize firefighter license plates (Senate, No. 2032);
By the same Senator, for the same committee, on Senate, No. 2041 and House, Nos. 3595 and 3672, a Bill relative to the installation of defibrillators on commuter rail trains (Senate, No. 2041);
By the same Senator, for the same committee, on petition, a Bill authorizing distinctive registration plates bearing the Blue Knights Law Enforcement Club designation (Senate, No. 2081);
By the same Senator, for the same committee, on Senate, Nos. 2082 and 2095, a Bill to promote the development of alternative fuels and the use of alternative fuel vehicles in the Commonwealth (Senate, No. 2095);
By the same Senator, for the same committee, on petition, a Bill providing for a distinctive registration plate for firefighters (Senate, No. 2101);
By the same Senator, for the same committee, on petition, a Bill relative to disabled veterans’ motor vehicle plates (Senate, No. 2105);
By the same Senator, for the same committee, on petition, a Bill relative to first aid kits and fire extinguishers on trains (Senate, No. 2119); and
By the same Senator, for the same committee, on petition (accom­panied by bill, Senate, No. 2104), a Bill relative to Gold Star license plates (Senate, No. 2352);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to designating a certain corner in the West Roxbury section of the city of Boston as the Nicholas G. Beram Veterans Association Corner (Senate, No. 2313);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

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 relative to members of the Executive Council (Senate, No. 2332).

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4260) of Jay R. Kaufman and others (by vote of the town) for legislation to regulate referendum petitions in the town of Lexington;
To the committee on Election Laws.
Petition (accompanied by bill, House, No. 4261) of Jay R. Kaufman and others (by vote of the town) relative to notices of town meetings in the town of Lexington;
To the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4262) of Jay R. Kaufman and others (by vote of the town) relative to real property tax deferrals for certain elderly persons in the town of Lexington;
To the committee on Revenue.

Bills
Relative to the resale of tickets (House, No. 4263,— on Senate, No. 214 and House No. 4251); and
Providing behavioral science representation on the Parole Board (House, No. 4264, on House, No. 1314);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Approving the town of Nantucket to use, or to sell, convey or otherwise dispose of certain land situated in the town of Nantucket for any lawful purpose (House, No. 4265,— on Senate, No. 2225) [Local approval received on Senate, No. 2225]; and
Approving the town of Nantucket to use, or to sell, convey or otherwise dispose of certain land situated in the town of Nantucket for any lawful purpose (House, No. 4266,— on Senate, No. 2227) [Local approval received on Senate, No. 2227];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports
Of the committee on Public Service, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 2463) of Robert A. DeLeo and Anne M. Gobi relative to the testimony of a child against a parent in certain criminal proceedings;
Of the petition (accompanied by bill, House, No. 2731) of Karryn Fleet relative to hearings for persons accused of parole violations; and
Of the petition (accompanied by bill, House, No. 2732) of Tom Sannicandro and others relative to oral and written victim impact statements during judicial proceedings;
And recommending that the same severally be referred to the committee on the Judiciary.
Of the petition (accompanied by bill, House, No. 2646) of David Paul Linsky and others relative to providing for an appropriation of a certain sum of money for the construction of sound barriers on a section of Route 9 in the town of Natick,— and recommending that the same be referred to the committee on Transportation.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

House of Representatives Committee Assignments.

A communication from the Clerk of the House of Representatives, informing the Senate of the following appointments:
That Representative McMurtry of Dedham has been appointed to the ninth position on the committee of Veterans and Federal Affairs as well as to the eighth position on the committee on House Personnel and Administration.
That Representative O’Day of West Boylston has been appointed to the ninth position on the committee on Municipalities and Regional Government and to the ninth position on the committee on House Personnel and Administration for the 2007-2008 legislative session,— was placed on file.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Baddour) “welcoming His Holiness Karekin II, Supreme Patriarch and Catholicos of all Armenians, during his 2007 pontifical visit to the United States and New England”;
Resolutions (filed by Mr. Brown and Ms. Spilka) “congratulating Robert W. Eisenmenger on his 35 years of service as a member of the Natick Planning Board”;
Resolutions (filed by Mr. Joyce) “congratulating Jared Noah Lefkowitz of Boy Scout Troop 54 on earning the Eagle Scout Award”;
Resolutions (filed by Mr. Morrissey) “recognizing the one hundred and seventy-fifth anniversary of the Bethany Congregational Church of Quincy”; and
Resolutions (filed by Ms. Wilkerson) “congratulating Casa Nueva Vida on the twentieth anniversary of its founding.”

PAPERS FROM THE HOUSE.

The House Bill authorizing the town of Foxborough to grant 12 additional licenses for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4147),— came from the House amended as follows: In section 1, in subsection (c) by adding the following sentence: “Said additional $5,000 fee shall be deposited into an economic development account of the town and expended consistently with the purposes of such account.”; and in subsec­tion (d) by adding the following paragraph: “Notwithstanding any general or special law or rule or regulation to the contrary, the board of selectmen shall not approve the transfer of any license granted by this act to any other location outside of the ‘site’. Said license may be granted by the board of selectmen at the same location if an applicant for said license files with said authority a letter in writing for the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.”.
The rules were suspended, on motion of Mr. Timilty, and the House amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

Engrossed Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill to designate a certain pier in the town of Winthrop as the Charles J. Famolare Pier (see House, No. 1931) [for message, see House, No. 4245],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:—
By striking out the first sentence and inserting in place thereof the following sentence:
“The Town Landing located in the town of Winthrop shall be designated and known as the Charles J. Famolare Landing, in memory of Charles J. Famolare, a former harbormaster in the town of Winthrop.” And by striking out the title and inserting in place thereof the following title: “Designating a certain landing in the town of Winthrop as the Charles J. Famolare Landing.”.
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 reenactment.
The rules were suspended, on motion of Mr. Hedlund, and the Governor’s amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

Communications.

The Clerk read the following communications:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE BOSTON 02133-1053

October 1, 2007.

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

Dear Mr. Clerk:

During the Senate Sessions held on September 27, 2007, I was absent from the Chamber because I was out of the country on a previously scheduled trip with the National Conference of State Legislatures.

I was, consequently, not recorded on several roll call votes. If I had been present, I would have voted in the affirmative on Senate Bill 536 relative to the distribution and sale of household cleaning products, in the affirmative on House Bill 4254 authorizing an appropriation for the essential community provider trust fund; and in the affirmative on Senate Bill 2346 relative to ocean management.

I respectfully request that a copy of this letter be printed in the Journal of the Senate. Thank you in advance for your assistance.

Sincerely,
RICHARD T. MOORE,
State Senator,
Worcester and Norfolk District.

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

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

October 1, 2007.

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

Dear Mr. Clerk:

Last Thursday, September 27, 2007, due to a brief absence from the Senate Floor to attend to a matter of significant importance to my Senate District, I missed a roll call vote relative to Senate 2281, An Act Relative To Oceans and H 4254, An Act Making Appropriations for The Fiscal Year 2007 to Provide For Supplementing Certain Existing Appropriations and For Certain Other Activities and Projects.

Had I been present, I would have voted in the affirmative on both.

I would respectfully request that this letter be published in the Senate Journal as part of the official record for Thursday October 4, 2007. Thank you in advance for your assistance in this matter.

Sincerely,
Dianne Wilkerson,
Senator,
Second Suffolk District.

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

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

October 3, 2007.

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

Dear Mr. Clerk,

On September 20, 2007, the Senate, meeting in formal session, conducted a roll call on an amendment to S2301, as amended, proposed by Senator Tisei, to add a new “Section 31G to the existing Section 5 of the bill. (Yeas and Nays No. 116). I was unable to be in the Senate Chamber for such vote due to my responsibilities as Chairman to the Special Commission on After School and Out of School Time. I was conducting a public hearing in the City of Lynn at such time and was unable to be recorded on such call of the Yeas and Nays.

Respectfully,
Thomas M. McGee,
State Senator,
3rd Essex and Middlesex District
.

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

Reports of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to revising the composition and duties of the Quinebaug and Shetucket Rivers Valley Heritage District and Commission (Senate, No. 2310),— ought to pass, with an amendment inserting, in line 17, after the word “district”, the follow­ing words:— “in coordination with the Massachusetts Historical Commission”.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2310, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 House Bill designating a certain bridge in the town of Wellesley as State Senator David H. Locke Bridge (House, No. 3593, changed).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of to Day and considered as follows:
The Senate Bill regulating certain insurance benefits for elected officials of the town of Easton (Senate, No. 1525),— was read a third time.
Pending the question on passing the bill to be engrossed, on motion of Mr. Timilty, the bill was referred to the Senate committee on Ways and Means.

Report of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Robert S. Creedon, Jr. and Allen J. McCarthy for legislation relative to the use of a building in the town of Whitman.
Senate Rule 36 was suspended, on motion of Mr. Timilty, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Bonding, Capital Expenditures and State Assets.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bills.

An engrossed Bill authorizing the appointment of Antonio F. Dinis as a police officer in the town of Milford notwithstanding the maximum age requirements (see Senate, No. 2253) (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. Rosenberg) and laid before the Governor for his approbation.

An engrossed Bill establishing an electronic health records task force in the office of Health and Human Services (see House, No. 4160, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. Rosenberg) and again laid before the Governor for his approbation.

Recess.

There being no objection, at nineteen minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at nine minutes past twelve o’clock noon, the Senate reassembled, Mr. Rosenberg in the Chair.

PAPERS FROM THE HOUSE.
Engrossed Bills.

An engrossed Bill authorizing the town of Foxborough to grant 12 additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4147, amended) (which originated in the House), 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. Rosenberg) and laid before the Governor for his approbation.

An engrossed Bill designating a certain pier in the town of Winthrop as the Charles J. Famolare Pier (see House, No. 1931, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. Rosenberg) and again laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Hedlund,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Tuesday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Moment of Silence.

At the request of the President, the members, guests and employees stood in a moment of silence and reflection to the memory of Army National Guard Specialist Ciara M. Durkin of Quincy.

Adjournment in Memory of Specialist Ciara M. Durkin.

The Senator from Norfolk and Plymouth, Mr. Morrissey, presented a request that when the Senate adjourns today, it do so in memory of Specialist Ciara M. Durkin, a member of the Massachusetts Army National Guard, 726th Unit, Task Force Diamond, who died in Afghanistan on Thursday, September 27th, 2007.

Ciara joined the Massachusetts Army National Guard in November 2005. She was assigned to the Finance Unit at the Bagram Air Base in Afghanistan.
The devoted daughter of Angela of Quincy and the late Thomas Durkin, Ciara was born in Ireland and was the eighth of nine children.

She was the loving sister of brothers Tom, Owen and Pierce and sisters Maura, Aine, Angela, Deirdre and Fiona. She was also an adoring aunt to 17 nieces and nephews.

Ciara lived in Dorchester before moving to Quincy a few years ago.

She attended St. Mark’s Elementary School in Dorchester and was a 1996 graduate of Fontbonne Academy in Milton.

Ciara received commendations for her military service and was credited with helping save the life this past April of a contractor, who fell 26½ feet after slipping off a ladder in a building in Bagram where she worked.

Despite her death, Ciara’s siblings went ahead with their plan to walk in last Sunday’s Quincy Medical Center’s Cancer Walk, a walk that her family has participated in for many years. The funds raised pay for cancer screenings for low-income residents and other services. Ciara pledged $100.00 and wrote: “I give because I learned to stay strong here in Afghanistan because of your courage. I love you.”

Accordingly, as a mark of respect to the memory of Ciara M. Durkin, at thirteen minutes past twelve o’clock noon, on motion of Mr. Hedlund, the Senate adjourned to meet again on Tuesday next at eleven o’clock A.M.