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, November 29, 2007.

Met at four 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 Essex and Middlesex, Mr. Tarr, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Reports.

The following reports were severally read and placed on file:

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31 of the General Laws) submitting a listing of Civil Service non-public safety building custodian lists that have been revoked by the Personnel Administrator as of Novem­ber 15, 2007 (received Tuesday, November 27, 2007);

A report of the University of Massachusetts Building Authority (under the provisions of Section 6 of Chapter 773 of the Acts of 1960 as amended (Enabling Act) submitting a copy of its annual financial report for years ended June 30, 2007 and 2006 with Independent Auditors’ Report (received Tuesday, November 27, 2007); and

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 October 31, 2007 (received Monday, November 26, 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 Barnstable County Correctional Facility (received Tuesday, November 27, 2007),— was read and sent to the House for its information.

Reports of Committees.

By Ms. Spilka, for the committee on Children, Families and Persons with Disabilities, on petition (accompanied by bill, Senate, No. 60), an Order relative to authorizing the joint committee on Children, Families and Persons with Disabilities to make an investigation and study of a certain current Senate document relative to foster care (Senate, No. 2430);
By Ms. Chandler, for the committee on Community Development and Small Business, on Senate, Nos. 140, 142 and 145, an Order relative to authorizing the joint committee on Community Development and Small Business to make an investigation and study of certain current Senate documents relative to small business (Senate, No. 2433);
By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on Senate, Nos. 1147, 1148 and 1149, an Order relative to authorizing the joint committee on Municipalities and Regional Government to make an investigation and study of certain current Senate documents relative to county and municipal matters (Senate, No. 2429);
By Mr. Joyce, for the committee on Tourism, Arts and Cultural Development, on Senate, Nos. 2013, 2167 and 2171, an Order relative to authorizing the joint committee on Tourism, Arts and Cultural Development to make an investigation and study of certain current Senate documents relative to historic district preservation (Senate, No. 2431) (Local approval received on Senate, Nos. 2167 and 2171];
By the same Senator, for the same committee, on Senate, Nos. 2007 and 2010, an Order authorizing the joint committee on Tourism, Arts and Cultural Development to make an investigation and study of certain current Senate documents relative to official designations of the Commonwealth (Senate, No. 2434);
By Mr. Baddour, for the committee on Transportation, on Senate, Nos. 2027, 2028 and 2049, an Order relative to authorizing the joint committee on Transportation to make an investigation and study of certain current Senate documents relative to transportation (Senate, No. 2432); and
By the same Senator, for the same committee, on petition (accompanied by resolve, Senate, No. 2042), an Order relative to authorizing the joint committee on Transportation to make an investigation and study of a certain current Senate document relative to transportation (Senate, No. 2435);
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Spilka, for the committee on Children, Families and Persons with Disabilities, on petition, a Bill restoring health benefits to eligible legal immigrants (Senate, No. 667);
Referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill establishing a sick leave bank for John Sullivan, an employee of the Trial Court (Senate, No. 2395);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committee Discharged.

Mr. Panagiotakos, for the committee on Ways and Means, reported, asking to be discharged from further consideration of the House Bill relative to the economic development of the Commonwealth (House, No. 4383), and recommending that the same be referred to the committee on Bonding, Capital Expenditures and State Assets.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the reference to the joint committee.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4402) of Patricia A. Haddad (by vote of the town) relative to the residency requirement for the position of town administrator in the town of Somerset;
To the committee on Public Service.
Petition (accompanied by bill, House, No. 4403) of Paul J. Donato and others (with the approval of the mayor and city council) relative to property tax classifications in the city of Medford;
To the committee on Revenue.

A Bill exempting the positions of police and fire chiefs in the town of Burlington from the civil service law (House, No. 2363,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Economic Development and Emerg­ing Technologies, asking to be discharged from further consideration of certain sections of the message from His Excellency the Governor (accompanied by bill, House, No. 4234) recommending legislation relative to providing for the investment in and expansion of the life sciences industry in the Commonwealth, and recommending that sections 2, 3 and 4 be referred to the committee on Bonding, Capital Expenditures and State Assets and that sections 7 and 14 to 23 be referred to the committee on Revenue,— was considered forthwith, under Senate Rule 36, and accepted.

Notice was received from the House announcing the following appointments:

That Representative Spellane of Worcester has been appointed by the Speaker of the House to the Commonwealth Covenant Fund (established pursuant to Section 4 of Chapter 61 of the Acts of 2007) for the purpose of making loan payments on behalf of graduates of Massachusetts public institutions of higher education who are employed in the areas of science, technology, engineering and mathematics hereinafter referred to as STEM.

That Representatives Costello of Amesbury and Keenan of Salem have been appointment to the Special Commission (established under Section 26 of Chapter 428 of the Acts of 2006) for the purpose of studying the impact of drowsy driving on highway safety and the effects of sleep deprivation on driver’s while operating on the highways, adjacent parking areas and other areas.

That Representative St. Fleur of Boston has been appointed by the Speaker of the House to the Massachusetts Life Sciences Talent Initiative (LSTI) sponsored by the Life Sciences Center, University of Massachusetts and the Massachusetts Biotechnology Council, for the purposes of developing a collaborative statewide strategy among business, government and higher education to ensure that the state’s talent needs in the life sciences are met.

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 Immaculate Conception School in the city of Newburyport on its one hundred and twenty-fifth anniversary”; and
Resolutions (filed by Messrs. Hedlund and McGee) “recognizing Barry Goudreau on the occasion of his fifty-sixth birthday for his musical contributions to the Commonwealth.”

Communication.

The Clerk read the following communication:

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

November 27, 2007.

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

Dear Mr. Clerk:

On Tuesday, November 20, 2007, I had to leave the Senate Session prior to adjournment to attend an important event in my district. In my absence seven roll calls votes were taken. Please note that had I been present, I would have voted affirmatively on the following matters:

S2301, An Act Establishing the Commonwealth Corps;

S1145, An Act Authorizing the Town of Lunenburg to Exchange Certain Land;

H4186, An Act Authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to Convey Certain Land to Sullivan McLaughlin Companies, Inc.;

S2210, An Act Authorizing the Division of Capital Asset Management and Maintenance to Exchange Land Held for Conservation and Recreation Purposes with the Nye Family of America Association, Inc.;

S2248, An Act Allowing for the Continued Use of State Owned Property for Fishing, Boating and Tourism Purposes on the Congamond Lakes in Southwick;

H4122, An Act Relative to the Change from Conservation Use to General Municipal Use of a Portion of the Property known as Ridge Hill Reservation in the Town of Needham;

H4387, An Act Protecting and Preserving Home Ownership.

I would appreciate if this could be printed in the Senate Journal. Thank you.

Sincerely,
John A. Hart, Jr.,
State Senator.

On motion of Mr Tarr, 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 House Bill establishing a task force within the Department of Education to examine hygienic procedures pertaining to band instruments (House, No. 413),— ought to pass, with an amendment striking out all after the enacting clause an inserting in place thereof the text of Senate document numbered 2436.
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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.
Sent to the House for concurrence in the amendment.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Karen Rice, an employee of the Massachusetts teachers’ retirement system (House, No. 4243),— ought to pass.
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 establishing a sick leave bank for Karen Rice, am employee of the Teachers’ Retirement System”.

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 relative to the use of certain bonds by the Blackstone-Millville Regional School District (House, No. 4389).
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 relative to the use of certain bond proceeds by the Blackstone-Millville Regional School District”.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill authorizing the appointment of Kevin P. Farragher as a firefighter in the town of North Andover notwithstanding the maximum age requirement (see House, No. 4143) (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.

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.

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 Joseph Atkins Nickerson, Jr. of Chatham.

Adjournment in Memory of Joseph Atkins Nickerson, Jr.

The Senator from Plymouth and Barnstable, Ms. Murray, and the Senator from the Cape and Islands, Mr. O’Leary, requested that when the Senate adjourns today, adjourn in memory of Joseph Atkins Nickerson, Jr. of Chatham, Massachusetts.

The town of Chatham has lost an icon, a prominent historian, a loving family man and a great friend. Joseph Atkins Nickerson, Jr. lived his entire life in Chatham except for his tour of duty with the United States Navy during World War II. He was a tenth generation Nickerson and direct descendant of the founding father dedicating much of his lifelong interest and knowledge to the preservation of the history of Chatham, and aptly recognized and remembered as the “Town Historian”, his memory of people, places and dates was exceptional, his story telling legendary.

He was an active and contributing member of the community from his youth on. He participated in many town sports and at the age of twenty-two pitched a perfect baseball game for the Town Team. His life as a musician was a great source of pride to his family, his children, grandchildren and great-grandchildren.
He was a builder in Chatham for forty years. He also was a volunteer fireman, member of the School Building Committee, President and Historian of the Chatham Historical Society, curator of the Atwood House, founding member of the Conservation Foundation, Vice President of the Boston Glass Club, Cemetery Commissioner, member of the Nickerson Family Association and the Retired Men’s Club. He and his wife Gerry have collaborated in publishing a book, Chatham Sea Captains In The Age of Sail, using the amassed research he and his first wife Louise collected over the years. He was very proud to know that the long awaited book will be published in February 2008.

Most important, he was simply a wonderful person who took extraordinary interest in his community, pride in his work and love for his family, Two days before he died, what can surely be seen as a gift, were his last words to his great grandson Tyler, “be sure to get me a balloon at the 4th of July Parade.” These words can surely be seen as a gift to his family, and his life can be seen as a gift to all who knew him.

Accordingly, as a mark of respect to the memory of Joseph Atkins Nickerson, Jr., at nineteen 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.