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.

Friday, December 21, 2007.

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

The Chair (Mr. Petruccelli), members, guests and employees then recited the pledge of allegiance to the flag.

Report.

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 as of November 30, 2007 (received Thursday, December 20, 2007),— was placed on file.

Petition.

Mr. Brewer presented a petition (subject to Joint Rule 12) of Stephen M. Brewer, Richard T. Moore, Anne M. Gobi, Dianne Wilkerson and other members of the General Court for legislation to allow environmental police officers to carry a firearm in any court facility in the Commonwealth,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Galluccio, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for Kathryn McGaffey, an employee of the Department of Social Services (Senate, No. 2447); and
By Mr. Morrissey, for the committee on Telecommunications, Utilities and Energy, on petition (accompanied by bill, Senate, No. 1992), a Bill to promote reliable and high quality utility service in the Commonwealth (Senate, No. 2449) (Senator Morrissey dissenting);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Morrissey, for the committee on Telecommunications, Utilities and Energy, on petition, a Bill regulating public entities licensed by the department of telecommunications and energy (Senate, No. 1980);
By the same Senator, for the same committee, on petition, a Bill restricting the authority of the Holyoke Power and Electric Company and the Holyoke Water Power Company (Senate, No. 2315); and
By the same Senator, for the same committee, on petition (accom­panied by bill, Senate, No. 1947), a Bill relative to entry on premises to examine gas and electric meters (Senate, No. 2448);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the investment of trust funds for the city of Northampton (Senate, No. 2400) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:
Message from His Excellency the Governor recommending legislation relative to financing the production and preservation of housing for low and moderate income residents (House, No. 4375).
To the committee on Housing.
Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the actions taken at the May 4, 2005 annual town meeting held by the town of Phillipston (House, No. 4438);
To the committee on Municipalities and Regional Government.
Message from His Excellency the Governor recommending legislation relative to financing improvements to the Commonwealth’s transportation system (House, No. 4409).
To the committee on Transportation.

A Bill relative to the South Essex Sewage District (House, No. 4258,— on petition),— was read, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the appointment of retired police officers in the city of Everett (House, No. 3982,— on petition) [Local approval received]; and
Relative to the charter of the town of Westborough (House, No. 4101,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to the mortgage industry (House, No. 4385),— ought to pass.
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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill to promote equity in pension benefits (Senate, No. 1672),— ought to pass, with an amendment in section 1, by inserting after the figure “2004” the following words:— “, and who has since been married”; and in section 2 by adding the following sentence:— “The employee shall transfer back to the commonwealth all matching contributions which have been made by the commonwealth and any excess interest thereon to the employees account.”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 1672, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:
The House Bill authorizing the city of Gardner to grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4106),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill relative to the Greenfield town Charter (House, No. 4331,— on petition) [Local approval received].
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 relative to the Charter of the town of Greenfield”.

A petition (accompanied by bill, House, No. 4444) of Ronald Mariano for legislation to grant certain income tax credits for the motion picture industry conducting business operations in the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Revenue.

Recess.

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

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted; Engrossed Bills Enacted.

An engrossed Bill relative to the Salem State College Assistance Corporation (see Senate, No. 2242), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.
Subsequently, the bill, which originated in the Senate, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

An engrossed Bill relative to the mortgage industry (see House, No. 4385, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

Engrossed Bills.

An engrossed Bill relative to the licensing of mortgage loan originators (see House, No. 4407) (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. Petruccelli) and again laid before the Governor for his approbation.

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. Petruccelli) and laid before the Governor for his approbation, to wit:
Relative to the Old King’s Highway Regional Historic District (see House, No. 1997);
Relative to the Jacob Sears Memorial Library (see House, No. 3787); and
Authorizing the town of Aquinnah to grant licenses for the sale of wines and malt beverages to be drunk on the premises in restaurants with seating capacities of not less than 15 (see House, No. 4179).

Engrossed Resolve.

An engrossed Resolve in favor of Burton W. Gerrig, Esquire (see House, No. 1382) (which originated in the House), having been, certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed and was signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tisei, —

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

On motion of the same Senator, at ten minutes past twelve o’clock noon, the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.