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. 

At a General Court of the Commonwealth of Massachusetts, held on the first Wednesday, being the fourth day of January, in the year two thousand and six, and the two hundred and thirtieth of the independence of the United States of America, a quorum of the members of the Senate, elected for a term of two years at an election held on Tuesday next after the first Monday of November in the year 2004, assembled at ten minutes past one o’clock P.M., in the Senate Chamber, and were called to order by the Honorable Robert E. Travaglini, President of the Senate.

The following prayer was offered by Father Bernard McLaughlin of St. Gerard’s Parish in Canton:

Mr. President and my other friends. We gather here again as many who share a single dedicated purpose, the common weal. Our destination is agreed upon yet it is not so easily accomplished. Such is the glory and the strength of democracy. We are also here at the beginning of the New Year may we keep in mind that the time which we are given is like life itself — short. Poverty — sickness — and peace itself await your attention. May you wisely use the awesome power which God and our fellow citizens have given to this distinguished body. Finally let us never forgot those who are serving this great nation of ours in the name of freedom. May God keep them safe and bring them home to their families. Amen.

At the request of the Senate President, the members, employees and guests joined him in reciting the Pledge of Allegiance to the Flag.

 

Order Adopted.

On motion of Mr. Brewer,—

Ordered, That a committee be appointed to inform the House of Representatives that the Senate is now assembled and ready to proceed to business.

Senators Walsh, Brewer and Knapik were appointed the committee.
Subsequently, Ms. Walsh, for the committee appointed by the Senate to inform the House that the Senate was ready to proceed to business, reported that it had attended to its duty. The committee was discharged.

Order Adopted.

On motion of Mr. Havern,—

Ordered, That a committee of members of the Senate and the House of Representatives be appointed to wait upon His Excellency the Governor, Mitt Romney, Her Honor, Kerry Healey, the Lieutenant-Governor, and the Honorable Council and inform them that the two branches of the General Court are now assembled and ready to proceed to business.

Senators Havern, Tarr and Tucker were appointed on the part of the Senate.
Sent to the House for concurrence.

Subsequently, the order was returned with the endorsement that the House had concurred and that Representatives Harkins of Needham, Petrolati of Lowell, Binienda of Worcester, Teehan of Whitman, Speranzo of Pittsfield, Rush of Boston, Jones of North Reading, Frost of Auburn, Corriea of Fall River, Blumer of Framingham, Fagan of Taunton and Haddad of Somerset were appointed on the part of the House.
Mr. Havern, for the committee, afterwards reported that it had attended to its duty and the committee was discharged.

Order Adopted.

On motion of Mr. Montigny,—

Ordered, That the Clerk begin printing a Journal of the Senate, as authorized by Senate Rule 6, and that the daily reading thereof be dispensed with; that, under authority of Section 10 of Chapter 5 of the General Laws, such number of copies of the journal of the entire session as the committee on Ethics and Rules shall determine be printed and bound with customary appendices and an index; and that a certified copy thereof be deposited with the Secretary of the Commonwealth as the Official Journal of the Senate.

Engrossed Bill — Laid before the Governor.

An engrossed Bill establishing a mayor/town council for the town of Braintree (see House, No. 4483, changed and amended) (which originated in the House), having been passed to be enacted and signed by the Acting President (Ms. Wilkerson) on Tuesday, January 3, 2006,— was laid before the Governor for his approbation on Wednesday, January 4, 2006.

Communication.

A communication was received from William F. Welch, Clerk of the Senate, announcing the appointment of Stacey Ostiguy of Quincy as Second Assistant Clerk of the Senate.

Report.

A report of the Betsy Lehman Center for Patient Safety and Medical Error Reduction (under the provisions of Section 16E(f) of Chapter 6A of the General Laws) submitting its annual report for the year 2005 (received Tuesday, January 3, 2006),— was placed on file.

Petition.

Mr. Berry presented a petition (subject to Joint Rule 12) of Frederick E. Berry for legislation relative to the period of registration of real estate appraisers,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4601) of Lida E. Harkins and Scott P. Brown (by vote of the town) that the town of Needham be authorized to construct and maintain a common sewer through certain land acquired for conservation purposes,— was referred, in concurrence, to the committee on Environment, Natural Resources and Agriculture.

Notice was received from the House that the Speaker announced the following changes and appointments:

That Representatives Petrolati of Ludlow had been relieved of duty (at his own request) from the special commission established (under Section 37 of Chapter 45 of the Acts of 2005) to make an investigation and study of the production of cable television coverage of legislative sessions, committee hearings, and other legislative administrative proceedings, and that Representative Scaccia of Boston had been appointed to said committee to fill the vacancy.

The membership of said commission on the part of the House is as follows: Representative Dempsey of Haverhill (Chair), Scaccia of Boston and Rogeness of Longmeadow.

Resolutions.

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

Resolutions (filed by Mr. Joyce) “congratulating Brendan Ferrari upon his elevation to the rank of Eagle Scout.”

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 relative to the Hampshire County Housing Authority (Senate, No. 2283),— 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 changing the membership of the Hampshire County Housing Authority”.
Sent to the House for concurrence.

The House Bill authorizing the town of Groton to lease or otherwise transfer a portion of the Groton town forest to the West Groton Water Supply District (House, No. 4523, changed),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

Mr. Buoniconti, 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 Senate Bill making corrective changes to an Act Establishing the Essex North Shore Agricultural and Technical School District (Senate, No. 2317).
There being no objection, the rules were suspended, on motion of Mr. Brewer, 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 amending the law establishing the Essex North Shore Agricultural and Technical School District”.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by proposal, House, No. 4604) of Bradley H. Jones, Jr., and others for a legislative amendment to the Constitution prohibiting eminent domain takings for the purpose of economic development; and

Petition (accompanied by bill, House, No. 4605) of Bradley H. Jones, Jr., and others for legislation to prohibit eminent domain takings for the purpose of economic development;
Severally, under suspension of Joint Rule 12, to the committee on the Judiciary.

Order Adopted.

On motion of Mr. Tarr,—

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

On motion of Mr. Lees, at a half past one o’clock P.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.