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, April 26, 2007.

Met at one minute past eleven o’clock A.M. (Mr. Tolman 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. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Distinguished Guest.

There being no objection, the Chair (Mr. Tolman) handed the gavel to Mr. Tarr for the purpose of an introduction. Mr. Tarr then introduced Lieutenant Paul J. Brawley of the United States Navy. Lt. Brawley is the Public Affairs Officer for the Boston area.

Reports of a Committee.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill establishing the Bristol County Commission on the status of women (Senate, No. 1172);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing the Springfield Water and Sewer Commission to convey certain land (Senate, No. 1169); and
By the same Senator, for the same committee, on petition, a Bill establishing appointed positions of district clerk and district treasurer for the Bernardston Fire and Water District (Senate, No. 1198);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the Charlton water and sewer commission (Senate, No. 1152) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill relative to the Charlton water and sewer commission’s water supply (Senate, No. 1153) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill relative to property owned by the Boys and Girls Club of Brockton, Inc. (Senate, No. 2175) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

A Bill establishing the Marlborough 2010 Corporation (House, No. 2029,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports

Of the committee on Elder Affairs, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 717) of Bruce J. Ayers relative to providing for an income tax credit for families caring for relatives at home who are elderly or victims of Alzheimer’s disease,— and recommending that the same be referred to the committee on Revenue.

Of the committee on Environment, Natural Resources and Agriculture, asking to be discharged from further consideration of the joint petition (accompanied by bill, House, No. 869) of Robert P. Spellane and others relative to public disclosure of quality indicators for the developmentally disabled,— and recommending that the same be referred to the committee on Children, Families and Persons with Disabilities.

Of the same committee, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 870) of Robert P. Spellane and Joyce A. Spiliotis relative to administrative simplification under the health consumer protection law,— and recommending that the same be referred to the committee on Financial Services.

Of the committee on Tourism, Arts and Cultural Development, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3402) of Frank M. Hynes for legislation to regulate the excise taxes imposed on owners of motor vehicles,— and recommending that the same be referred to the committee on Revenue.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

A communication from the City Council of the city of Worcester transmitting a copy of Resolutions (introduced by the mayor and others) urging the General Court to oppose the elimination of the municipal consent process from competitive providers of cable television service, which were adopted by said Council by a unanimous vote (having been sent by the House to the Senate for its information),— was returned to the House to be placed on file.

Appointments Received from the House.

Notice was received from the House announcing the following changes:

That Representative Rodrigues of Westport has resigned from his position on the Workforce Accountability Task Force and Repre­sentative Torrisi of North Andover has been appointed by the Speaker to the Special Commission (established pursuant to Section 23 of Chapter 123 of the Acts of 2006) to develop and recommend policies that advance skills and workforce development opportunities for incumbent, unemployed and underemployed youth and adult workers whose lack of skills prevent or limit their successful employment.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Joyce and Augustus, Ms. Candaras and Messrs. Montigny and Tarr) “recognizing North American Occupational Safety and Health Week”;
Resolutions (filed by Mr. Montigny) “commending Dr. Edward Mackler”;
Resolutions (filed by Ms. Murray and Mr. O’Leary) “congratulating Stu Peoples on the occasion of his retirement”;
Resolutions (filed by Mr. Timilty) “in recognition of Foxborough’s celebration of ‘Keep Kids Alive Drive 25 Day’ to promote safer streets”; and
Resolutions (filed by Mr. Timilty and Ms. Wilkerson) “commemorating the James P. Timilty Middle School for continuing to provide outstanding educational opportunities for students in grades 6, 7, and 8.”

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Dennis McNamara, an employee of the Department of Fish and Game (see House, No. 3940, 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 4 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

Engrossed Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill further regulating the Massachusetts Commission Against Discrimination (see House, No. 3967, changed) [for message, see House, No. 3979],— came from the House with endorsement that the House rejected the amendment recommended by the Governor (as approved by the House Committee on Bills in the Third Reading) and had adopted an amendment striking out section 3.
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 re-enactment.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson. The same Senator moved that the Governor’s amendment be rejected, and that the Senate concur in the House amendment.
Pending the question on rejection of the Governor’s amendment and pending the question on adoption of the House amendment, Mr. Tisei moved that the matter be laid upon 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.

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.

On motion of Mr. Tisei, at nineteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.