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 18, 2007.

Met according to adjournment at 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).

Students from Delphi Academy in Milton, led the Chair (Mr. Rosen­berg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Mr. Rosenberg) introduced, in the rear of the Chamber, students from Delphi Academy in Milton. They were the guests of Senator Joyce.

There being no objection, the Chair (Mr. Rosenberg) introduced, seated in the rear of the Chamber, Professor Dr. Noor Mohd Niaz. Dr. Noor Mohd is the Representative of Ministry of Higher Education of Afghanistan. He was joined by a delegation from Afghani­stan. Dr. Niaz signed the guest book and, along with the delegation, withdrew from the Chamber.

Communication.

A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing his appointment of Senator Scott P. Brown to serve as a member of the Special Commission established (pursuant to Chapter 42B of the Acts of 2006) to study the impact of drowsy driving on highway safety,— was placed on file.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Montigny, a petition (subject to Joint Rule 12) of Mark C. Montigny and James H. Fagan for legislation to establish a sick leave bank for John Sullivan, an employee of the Trial Court; and

By Mr. Tisei, a petition (subject to Joint Rule 12) of Richard R. Tisei, Christopher G. Fallon and Paul J. Donato for legislation to establish a sick leave bank for Michelle Souther, an employee of the Registry of Motor Vehicles;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

Ms. Tucker, for the committee on Housing, that the Senate Bill relative to smart growth housing trust fund (Senate, No. 132),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on petition, a Bill authorizing the development of a regional education, training and skills center in the city of Taunton (Senate, No. 53, changed in line 135, by inserting after the word “means” the words “, the joint committee on bonding, capital expenditures and state assets”);

By Mr. O’Leary, for the committee on Higher Education, on petition, a Bill relative to establishing a campus rape and sexual assault prevention advisory council (Senate, No. 737); and

By Mr. Downing, for the committee on Public Service, on Senate, Nos. 1534, 1610 and 1633, a Bill relative to certain Option B and Option C retirees (Senate, No. 1633, changed in line 2 by striking the words “Option B or”; in line 3 by striking out the phrase “(to be filled in by filer)”; in line 3 by adding after the word “Subdivision” the word “(2)”; in line 3, after the word “Section” by adding the word “twelve”; and in line 6 by striking the words “and whatever section governs the Option B amount”);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on petition, a Bill protecting used car buyers (Senate, No. 218);

By Mr. Moore, for the committee on Health Care Financing, on petition, a Bill protecting the public health by reforming the Commonwealth’s medical waste law (Senate, No. 673) (Estimated cost — Less than $100,000);

By the same Senator, for the same committee, on petition, a Bill requiring medicaid reimbursement payments to health care providers for electronic consultations (Senate, No. 676) (Estimated cost — Less than $100,000);

By the same Senator, for the same committee, on petition, a Bill making certain technical correction to the “balance billing” statute (Senate, No. 693); and

By the same Senator, for the same committee, on petition, a Bill relative to the recognizing the importance of public vision awareness (Senate, No. 698) [Estimated cost — Less than $100,000];
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Committees Discharged.

Mr. Antonioni, for the committee on Education, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 350) of Richard T. Moore, Jennifer M. Callahan and Bruce E. Tarr for legislation to require the Division of Medical Assistance to provide reimbursement for home health agencies for the costs associated with criminal background screening,— and recommending that the same be referred to the committee on Health Care Financing; and

Mr. Moore, for the committee on Health Care Financing, reported, asking to be discharged from further consideration of the Senate Bill relative to substance addiction treatment (Senate, No. 1144),— and recommending that the same be referred to the committee on Revenue.
Severally under Senate Rule 36, the report was considered forthwith and accepted.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to establishing and regulating resort casinos in the Commonwealth (House, No. 4307),— was referred, in concurrence, to the committee on Economic Development and Emerg­ing Technologies.

The following petitions, having been timely filed by five o’clock P.M., on Wednesday January 10, 2007, were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 356) of Christopher G. Fallon relative to permitting the use of “slot machines” in cities and towns in the Commonwealth;
Petition (accompanied by bill, House, No. 360) of Paul K. Frost for legislation to require an agreement between Native Americans and the Commonwealth prior to the location of certain casinos;
Petition (accompanied by bill, House, No. 363) of Bradley H. Jones, Jr., and others for legislation to establish a gaming commission and further regulate gaming in the Commonwealth;
Petition (accompanied by bill, House, No. 366) of Robert M. Koczera and others relative to establishing casinos in Massachusetts; and
Petition (accompanied by bill, House, No. 371) of Kathi-Anne Reinstein and others relative to the establishment of the Massachusetts gaming control act;
Severally to the committee on Economic Development and Emerging Technologies.

Bills
Removing an agricultural preservation restriction from a portion of real estate in the town of Raynham known as Borden Colony (House, No. 26, amended,— on petition); and
Establishing a sick leave bank for Karen Rice, an employee of the Massachusetts teachers’ retirement system (House, No. 4243,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill exempting the positions of fire chief and deputy fire chief in the town of Hudson from the civil service law (House, No. 3957,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

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

Resolutions (filed by Mr. Baddour) “congratulating the Massachusetts High Technology Council on the occasion of its thirtieth anniversary”;
Resolutions (filed by Mr. Buoniconti) “congratulating John K. Golembeski on being chosen Insurance Professional of the Year”;
Resolutions (filed by Ms. Candaras) “congratulating Kyle Cote on his outstanding performance on Jeopardy during ‘Kids Week 2007”’;
Resolutions (filed by Ms. Chandler, Messrs. Antonioni, Augustus, Brewer and Moore and Ms. Resor) “honoring the Korean War Memorial Committee of Central Massachusetts upon the dedication of the Korean War Memorial in Worcester”;
Resolutions (filed by Ms. Creem and Ms. Spilka) “honoring Ellen Feingold for 25 years of dedication and leadership at Jewish Community Housing for the Elderly”;
Resolutions (filed by Mr. Moore, Ms. Tucker and Messrs. Augustus and Joyce) “congratulating the National Sleep Foundation on its observance of the week of November 5, 2007 to November 11, 2007 as Drowsy Driving Prevention Week”;
Resolutions (filed by Mr. Pacheco) “congratulating Edward Paul Bajercius upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Ms. Resor) “on the one hundred and seventy-fifth anniversary of the Acton Congregational Church in Acton”; and
Resolutions (filed by Ms. Wilkerson) “commending Rev. Dr. Larry Edmunds.”

Motion to Reconsider.

Mr. Tisei moved that Senate reconsidered the vote by which at a previous session had passed to be engrossed, ordered to a third reading and adopted the amendment [offered by Messrs. Tisei, Tarr, Knapik, Hedlund and Brown 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.] to the Senate Bill relative to establishing a water infrastructure finance commission (see Senate, No. 2292, amended); and, there being no objection, the motion prevailed.
The recurring question came on adoption of the amendment (Tisei et al); and it was rejected.
The bill was again ordered to a third reading and again read a third time.

Pending the question on passing the bill to be engrossed, Messrs. Tisei, Tarr, Knapik, Hedlund and Brown offered an amendment, 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 recurring question on passing the bill, as amended to be engrossed was then considered; and the bill was again engrossed, with the amendments.
Sent to the House for concurrence.

Communication.

The Clerk read the following communication:

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

October 17, 2007.

William Welch, Clerk
Massachusetts State Senate
State House, Room 334
Boston, MA 02133

Dear Mr. Clerk:

Due to a family emergency, I was unable to vote on several matters before the Senate during the October 16, 2007. Had I been present, I would have voted in favor of the following bills:
• House Bill, No. 4244, An Act Increasing the Efficiency, Effectiveness, and Fairness of the Commonwealth’s Labor Relations Agencies.
• Senate Bill, No. 112, An Act to Encourage Adoption and Foster Care in the Commonwealth.
• House Bill, No. 1315, An Act to Protect Patient Confidentiality.
I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for October 16, 2007. Thank you in advance for your attention to this important matter.

Sincerely,
FREDERICK E. BERRY,
Majority Leader.

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

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:
The Senate Bill authorizing the Middlesex Retirement Board to grant a certain pension to James Charles Mickel (Senate, No. 2208),— 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 authorizing the town of Tyngsborough to establish a recreation fields fund (Senate, No. 2291) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill authorizing the town of Weymouth to make conveyance and sale of certain water supply land (House, No. 1975),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Duxbury to convey certain land (House, No. 4098) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Hedlund moved that the bill be amended in section 1, by insert­ing after the words “water department of the town.”, in the first sentence, the following words:— “for the purposes of water supply and distribution”; in section 2, by adding the following sentence:— “The parcel conveyed pursuant to this section shall be of equal or greater size and value as the parcel described in section 1 and shall be conveyed for conservation or public park purposes.”; and by striking out section 3 and inserting in place thereof the following two sections:—
“SECTION 3. If the parcel conveyed pursuant to section 1 ceases to be used for the purposes described in section 1, the parcel shall revert back to the town of Duxbury for conservation or public park purposes.
SECTION 4. The conveyances authorized in sections 1 and 2 shall be subject to the approval of the conservation commission and the board of selectmen, acting as water commissioners.”.
This amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with amendment.
Sent to the House for concurrence in the amendment.

Reports of a Committee.

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 the Lieutenant Commander William F. Coakley Highway (House, No. 3599).
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 designating a portion of Route 7 and Route 20 in the town of Lenox as the Lieutenant Commander William F. Coakley Highway”.

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 authorizing the city of Gardner to purchase land in the town of Winchendon (House, No. 4046).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Petition.

On motion of Mr. Moore, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Buoniconti, (accompanied by bill) of Stephen J. Buoniconti and Mary S. Rogeness for legislation relative to certain operators of motor vehicles,— and the same was referred to the committee on Transportation.
Sent to the House for concurrence.

Reports 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 Brian A. Joyce, Scott P. Brown, Robert L. Hedlund, James E. Vallee and other members of the General Court for legislation to require police notification to certain neighbors of level 2 sex offenders.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

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 Richard R. Tisei, Christopher G. Fallon and Paul J. Donato for legislation to establish a sick leave bank for Michelle Souther, an employee of the Registry of Motor Vehicles.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 357) of David L. Flynn and James H. Fagan relative to further regulating horse and greyhound racing and associated gaming,— came from the House, with the endorsement that they had referred the petition to the committee on Economic Development and Emerging Technologies.
On motion of Senator Tisei, the Senate NON-concurred in the reference to the committee on Economic Development and Emerging Technologies and referred the petition to the committee on Consumer Protection and Professional Licensure.
Sent to the House for its action.

A petition (accompanied by bill, House, No. 358) of David L. Flynn relative to authorizing low stakes card games at pari mutuel facilities,— came from the House, with the endorsement that they had referred the petition to the committee on Economic Development and Emerging Technologies.
On motion of Senator Tisei, the Senate NON-concurred in the reference to the committee on Economic Development and Emerging Technologies and referred the petition to the committee on Consumer Protection and Professional Licensure.
Sent to the House for its action.

A petition (accompanied by bill, House, No. 362) of Bradford Hill relative to further regulating the thoroughbred racing industry in the Commonwealth,— came from the House, with the endorsement that they had referred the petit­ion to the committee on Economic Development and Emerging Technologies.
On motion of Senator Tisei, the Senate NON-concurred in the reference to the committee on Economic Development and Emerging Technologies and referred the petition to the committee on Consumer Protection and Professional Licensure.
Sent to the House for its action.

A petition (accompanied by bill, House, No. 373) of John H. Rogers and others relative to the conduct of poker games and sponsorship by certain charitable organizations,— came from the House, with the endorsement that they had referred the petition to the committee on Economic Development and Emerging Technologies.
On motion of Senator Tisei, the Senate NON-concurred in the reference to the committee on Economic Development and Emerging Technologies and referred the petition to the committee on Consumer Protection and Professional Licensure.
Sent to the House for its action.

Engrossed Bills.

The following engrossed bills (both 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. Rosenberg) and laid before the Governor for his approbation, to wit:

Relative to joint public libraries (see House, No. 3401); and

Designating a certain bridge in the town of Dalton as the Benjamin-Muraca Memorial Bridge (see House, No. 3503, changed).

Order Adopted.

On motion of Mr. Moore,—

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.

Moment of Silence.

At the request of the Chair (Mr. Rosenberg), the members, guests and employees stood in a moment of silence and reflection to the memory of John J. Sandlin.
Adjournment in Memory of John J. Sandlin.

The Senator from Hampden and Hampshire, Mr. Knapik, and the Senator from Hampden, Mr. Buoniconti, presented a request that when the Senate adjourns today, it do so in memory of John J. Sandlin.

John J. Sandlin suddenly passed away on October 12, 2007. He was the son of State Representative Rosemary Sandlin of Feeding Hills, who for 22 years worked in the Senate as the Chief of Staff of former Majority Leader Linda Melconian.

He is survived by his parents Rosemary and Herman, his brothers George and Paul, his sister Leanne and three nephews.

Accordingly, as a mark of respect to the memory of John J. Sandlin, at twenty-two minutes past eleven o’clock A.M., on motion of Mr. Tisei, the Senate adjourned to meet again on Monday next at eleven o’clock A.M