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.

Monday, January 9, 2006.

Met at seven minutes past eleven o’clock A.M. (Mr. Tolman in the Chair).

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

Reports.

The following reports were severally read and placed on file:

A report of the Bristol County Register of Deeds (pursuant to the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) submitting a plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Wednesday, January 4, 2006);

A report of the Office of the Comptroller (pursuant to the provisions of Section 12(c) of Chapter 7A of the General Laws) submitting the Commonwealth’s Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2005 (received Wednesday, January 4, 2006); and

A report of the Joint Labor-Management Committee (under the provisions of Chapter 589 of the Acts of 1987) relative to dispute resolution (received Wednesday, January 4, 2006).

Reports of Committees.

By Mr. Barrios, for the committee on Public Safety and Homeland Security, on petition, a Resolve to establish a commission on victim’s rights, prisoner release, and an information and notification program (Senate, No. 1388);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Mr. Barrios, for the committee on Public Safety and Homeland Security, on petition, a Bill relative to medical examinations in correctional facilities (Senate, No. 1354);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

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 House Bill relative to the Greater Lawrence Sanitary District (House, No. 4138).

Committee Discharged.

Ms. Murray, for the committee on Ways and Means, reported, asking to be discharged from further consideration

Of the Senate Bill relative to a board of registration in midwifery (Senate, No. 1269); and

Of the Senate Bill relative to the modernization of optometric patient care (Senate, No. 1277);

And recommending that the same severally be referred to the committee on Health Care Financing.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence in the reference to the joint committee.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4600) of Geoffrey D. Hall and others for the issuance of an annual proclamation by the Governor establishing December fifteenth as Bill of Rights Day,— was referred, in concurrence, to the committee on State Administration and Regulatory Oversight.

A Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land to the city of Peabody (House, No. 4247,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A Bill authorizing the application of Benjamin Joress for a civil service examination for police officer notwithstanding the minimum age requirement (House, No. 4352,— on petition) — was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Reports

Of the committee on the Judiciary, asking to be discharged from further consideration

Of the message from the Governor recommending legislation relative to witness intimidation (accompanied by bill, House, No. 28); and

Of the message from His Excellency the Governor recommending legislation relative to witness protection (accompanied by bill, House, No. 29);

And recommending that the same severally be referred to the House committee on Ways and Means.
Were severally considered forthwith, under Senate Rule 36, and accepted, in, concurrence, insomuch as relates to the discharge of the joint committee.

Notice was received from the House announcing the following appointments:

That Representative Gifford of Wareham had been designated by the Minority Leader as the Speaker’s minority party appointment to the Special Commission established (under section 28 of chapter 28 of the Acts of 1996) to develop scientific and socioeconomic research for the purpose of facilitating the recovery of the Commonwealth’s fishing industry; and

The Minority Leader also announced that he had appointed Representative Hill of Ipswich as his designee to the Special Commission established (under section 36 of chapter 45 of the Acts of 2005) to make an investigation and study of the future of metropolitan beaches under the jurisdiction of the Department of Conservation and Recreation.

Resolutions.

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

Resolutions (filed by Mr. Pacheco) “congratulating Steven William Frederick Albert upon his elevation to the rank or 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 Barnstable County septic loan program (Senate, No. 2247, changed),— 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 further regulating the Barnstable County Septic Loan Program”.
Sent to the House for concurrence.

The House Bill authorizing the town of Hingham to convey certain land (House, No. 4267),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Hedlund moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2327.
This amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Reports of Committees.

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 relative to the historic Lucious Crain Tavern in the town of Hadley (Senate, No. 2127).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill 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.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently., that Joint Rule 12 be suspended on the Senate petition of Stephen J. Buoniconti for legislation to create an economic target area in the town of West Springfield.
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 Community Development and Small Business.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Harriette L. Chandler, Richard T. Moore, Peter J. Koutoujian, Susan C. Fargo and other members of the General Court for legislation to further regulate organ and tissue donations.
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 Health.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill House, No. 4614) of Barbara A. L’Italien that medical and health personnel be directed to report the examination or treatment of patients afflicted with autism to the Department of Public Health,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Health.

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 Mr. Knapik, at twelve minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.