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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Tuesday, October 16, 2007.

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

Distinguished Guest.

There being no objection, during the consideration of the Orders of the Day, the Chair (Ms. Menard) handed the gavel to Mr. Brown for the purpose of an introduction. Mr. Brown then introduced Tayla Orleans from Wrentham, Massachusetts. Tayla began racing go-karts at the age of seven and now races cars that are 3/4 the size of those used in NASCAR races. She has been featured by ABC WORLD NEWS and FOX 25. Tayla was accompanied by her mother, father and younger sister.

Reports.

The following reports were severally read and placed on file:
A report of the Economic Stabilization Trust (under the provisions of Section 14 of Chapter 23D of the General Laws) submit­ting its annual report for fiscal year 2006 (received Wednesday, October 10, 2007); and
A report of the Human Resources Division (under the provisions of Section 25 of Chapter 31 of the General Laws) submitting a listing of Civil Service public safety police promotional lists that have been revoked by the Personnel Administrators of October 1, 2007 (received Friday, October 12, 2007).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 South Middlesex Pre-Release Center (received Monday, October 15, 2007),— was read and sent to the House for its information.

Report of a Committee.

By Mr. Moore, for the committee on Health Care Financing, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 663) of Mark C. Montigny for legislation to promote accountability in the MassHealth program;
Referred, under Senate Rule 36, to the committee on Ethics and Rules.

PAPER FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to providing for the higher education capital improvement needs of the Commonwealth (House, No. 4280),— was referred, in concurrence, to the committee on Higher Education.

There being no objection, at one minute past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at twenty-nine 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.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Authorizing the board of selectmen of Easton to lease a certain parcel of land (Senate, No. 2272);
To create the recreational fields fund in Tyngsborough (Senate, No. 2291);
Relative to certain members of the Cambridge retirement system (House, No. 4024);
Authorizing the town, of Burlington to issue eight additional licenses for the sale of all alcoholic beverages to be drunk on the premises, and two additional licenses for the sale of wine and malt beverages to be drunk on the premises (House, No. 4048); and
Authorizing the city of Cambridge to pay full salary and benefits to city employees who are assigned and present in a theater of combat operations such as Iraq or Afghanistan (House, No. 4079);
Were severally read a second time and ordered to a third reading.

At twenty-seven minutes before two o’clock P.M., Mr. Tisei doubted the presence of a quorum; and, a count of the Senate determined that a quorum was not present.

Subsequently, at twenty-six minutes before two o’clock P.M., the President declared that a quorum was present.

Reorganization Plan No. 2 of 2007, relative increasing the efficiency, effectiveness, and fairness of the Commonwealth’s labor relations agencies (see House, No. 4244),— was considered, the question being: Shall this reorganization plan be approved?
Ms. Menard in the Chair, after debate, the question on approving the reorganization plan was determined by a call of the yeas and nays, at fourteen minutes past two o’clock P.M., as follows, to wit (yeas 31— nays 5) [Yeas and Nays No. 120]:

YEAS.
Antonioni, Robert A. Creem, Cynthia Stone
Augustus, Edward M., Jr. Downing, Benjamin B.
Baddour, Steven A. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Buoniconti, Stephen J. Jehlen, Patricia D.
Candaras, Gale D. Joyce, Brian A.
Chandler, Harriette L. McGee, Thomas M.
Creedon, Robert S., Jr. Menard, Joan M.
Montigny, Mark C. Rosenberg, Stanley C.
Moore, Richard T. Spilka, Karen E.
Morrissey, Michael W. Timilty, James E.
O’Leary, Robert A. Tolman, Steven A.
Pacheco, Marc R. Tucker, Susan C.
Panagiotakos, Steven C. Walsh, Marian
Petruccelli, Anthony Wilkerson, Dianne — 31.
Resor, Pamela
NAYS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R. — 5.
Knapik, Michael R.
ABSENT OR NOT VOTING.
Berry, Frederick E. — 1.

The yeas and nays having been completed at twenty-one minutes past two o’clock P.M., Reorganization Plan No. 2 of 2007 was approved.

Matters Taken Out of the Orders of the Day.

The President in the Chair, there being no objection, the follow­ing matters were taken out of the Orders of the Day and considered as follows:
The Senate Bill relative to members of the Executive Council (Senate, No. 2332),— was read a second time.
Pending the question on ordering the bill to a third reading, after remarks, Mr. Hedlund moved that the matter be referred to the committe on the Judiciary; and this motion was negatived
Messrs. Tisei and Hedlund moved that the bill be amended by striking out the text in its entirety and inserting in place thereof the following new text:—

“Section 4(c) of chapter 268A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting at the end thereof the following:— No member of the executive council may make an appearance in a representative capacity, for compensation, before a court of the commonwealth.”
Mr. Tisei moved that the amendment be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.

The recommitted Senate Bill authorizing the town of Dedham to grant an additional license for the sale of all alcoholic beverages (Senate, No. 2336),— was considered, the main question being on ordering the bill to a third reading.
The amendment, previously recommended by the committee on Consumer Protection and Professional Licensure, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2228, was considered; and it was adopted.
The bill (Senate, No. 2336, amended) was then 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 town of Dedham to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises”.
Sent to the House for concurrence.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the identification of burial grounds and cemeteries on certain state-owned land (Senate, No. 28),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Creedon, 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 requiring the identification of burial grounds and cemeteries on certain state-owned land”.
Sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill to encourage adoption and foster care in the Commonwealth (Senate, No. 112),—ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Spilka, and the bill was read a second time and, after remarks was ordered to a third reading and read a third time.

The question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-seven minutes before three o’clock P.M., on motion of Ms. Spilka, as follows, to wit (yeas 35 — nays 0) [Yeas and Nays No. 121]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Augustus, Edward M., Jr. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
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. Petruccelli, Anthony
Creedon, Robert S., Jr. Resor, Pamela
Creem, Cynthia Stone Rosenberg, Stanley C.
Downing, Benjamin B. Spilka, Karen E.
Fargo, Susan C. Tarr, Bruce 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
Knapik, Michael R. Wilkerson, Dianne — 35.
McGee, Thomas M.
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Timilty, James E. — 2.

The yeas and nays having been completed at twenty-four minutes before three o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill protecting patient confidentiality (see House, No. 1315) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was put upon its final passage.
After remarks, the question on passing the bill to be enacted was determined by a call of the yeas and nays, at twenty-three minutes before three o’clock P.M., on motion of Mr. Moore, as follows, to wit (yeas 35 — nays 0) [Yeas and Nays No. 122]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Augustus, Edward M., Jr. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
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. Petruccelli, Anthony
Creedon, Robert S., Jr. Resor, Pamela
Creem, Cynthia Stone Rosenberg, Stanley C.
Downing, Benjamin B. Spilka, Karen E.
Fargo, Susan C. Tarr, Bruce 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
Knapik, Michael R. Wilkerson, Dianne — 35.
McGee, Thomas M.
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Timilty, James E. — 2.

The yeas and nays having been completed at twenty minutes before three o’clock P.M., the bill was passed to be enacted and it was signed by the President and laid before the Governor for his approbation.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill protecting consumers from unsolicited loans (Senate, No. 565),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2364).
There being no objection, the rules were suspended, on motion of Mr. Hart, and the bill was read a second time.
The amendment recommended by the committee on Ways and Means was considered.
Pending the question on adoption of the Ways and Means amendment, Mr. Baddour moved that the amendment be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2365; and, after remarks, the further amendment was adopted.
The Ways and Means amendment, as amended, was then considered; and it was adopted.
The bill (Senate, No. 2364, amended) was then 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 Senate Bill relative to establishing a water infrastructure finance commission (Senate, No. 2292),— ought to pass, with an amendment, in section 2, by striking out, in line 4, the words “terms of 2 years” and inserting in place thereof the following words:— "until the completion of a long-range infrastructure finance plan"; in section 2, by striking out, in line 5, the number “7” and inserting in place thereof the following number:— "9"; in section 2, by inserting, in line 21, after the word “finance.”, the following sentence:— "At least 1 member of the Commission shall have expertise in organizational finance."; in section 3, by inserting, in line 40, after the word “sustaining”, the following word:— ", integrating"; and in section 6, by striking out, in line 74, the words “December 31 of the year” and inserting in place thereof the following words:— "2 years".
There being no objection, the rules were suspended, on motion of Mr. O’Leary, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
Pending the question on ordering the bill to a third reading, Messrs. Tarr, Tisei, Knapik, Hedlund and Brown moved that the bill be amended in section 3 by inserting after the words “storm water” the words:— “water conservation”.
After remarks, the amendment was adopted.
Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended as third read, in section 2, in the first sentence, by striking out the words “3 members to be appointed by the president of the senate and 3 members to be appointed by the speaker of the house” and inserting in place thereof the following the words:— "2 members to be appointed by the president of the senate, 2 members to be appointed by the speaker of the house, 1 member to be appointed by the minority leader of the senate and 1 member to be appointed by the minority leader of the house"; and in said sec­tion 2, in the fourth and fifth sentences, by striking out the figure “3” and inserting in place thereof the following figure:— "2"; and in said section 2, in the fourth and fifth sentences, by striking out the words “1 representative of the Massachusetts business community”; and in said section 2, by inserting after the fifth sentence the follow­ing sentence:— The members appointed by the minority leader of the senate and the minority leader of the house shall be representatives of the business community."
The amendment was adopted.
The bill (Senate, 2292, amended) was then 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 Senate Bill amending the enclosure for public and semipublic outdoor inground swimming pools (Senate, No. 2307),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2363).
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2363) was then 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 relative to joint public libraries (House, No. 3401),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Augustus, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 Scott P. Brown, Anthony J. Verga, Stephen M. Brewer, Richard R. Tisei and other members of the General Court for legislation to promote veterans’ benefits.
Senate Rule 36 was suspended, on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Veterans and Federal Affairs.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4303) of Bradley H. Jones, Jr., and others for legislation to transfer the payment of personnel and operating expenses of the Department of Highways from the capital budget to the operating budget of said department; and
Petition (accompanied by bill, House, No. 4304) of Charles A. Murphy that the Department of Public Health be authorized to establish a sick leave bank for Lynda Graham-Meho, an employee of said department;
Severally, under suspension of Joint Rule 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 4305) of Martin J. Walsh that the Registrar of Motor Vehicles be authorized to issue a distinctive registration plate for The Irish Cultural Centre of New England, Inc.;
Under suspension of Joint Rule 12, to the committee on Transportation.

Order Adopted.

On motion of Mr. Panagiotakos,—

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 Mr. Downing, at six minutes before three o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.