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, January 12, 2006.

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

Communication.

A communication was received from the Honorable Robert E. Travaglini, President of the Senate announcing the appointment of the Reverend Bernard McLaughlin as chaplain of the Senate, effective Janaury 5, 2006.

Reports.

The following reports were severally read and sent to the House for its information:

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 Bay State Correctional Center (received Wednesday, January 11, 2006);

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 211 of the General Laws) relative to inspection of Bridgewater State Hospital (received Wednesday, January 11, 2006); and

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 Old Colony Correctional Center (received Wednesday, January 11, 2006).

PAPERS FROM THE HOUSE.

Bills

Relative to the Cherry Valley and Rochdale Water District (House, No. 1290 ,— on petition); and

Relative to senior housing (House, No. 3189,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills

Establishing a department of public facilities in the city of Malden (House, No. 4458,— on petition) [Local approval received]; and

Relative to the city of Peabody Municipal Light Plant (House, No. 4462,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on the Judiciary, ought NOT to pass, on the message from His Excellency the Governor recommending legislation relative to reinstating capital punishment in the Commonwealth (accompanied by bill, House, No. 3834),— was referred, under Senate Rule 36, to the committee on Ethics and Rules.

Reports

Of the committee on Ways and Means (Joint), asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 4048) of Robert A. DeLeo and Kathi-Anne Reinstein for payment from the state treasury of a certain sum of money to Burton W. Gerrig for services rendered to the Civil Service Commission;

Of the petition (accompanied by resolve, House, No. 4049) of Daniel E. Bosley that provision be made for payment from the state treasury of a certain sum of money to John C. Blasi of the town of North Adams;

Of the petition (accompanied by resolve, House, No. 4050) of Thomas P. Kennedy and Patricia D. Jehlen for payment from the state treasury of a certain sum of money to Peter C. Vaughn for compensation for time served in prison for a crime of which he was acquitted;

Of the petition (accompanied by resolve, House, No. 4051) of Frank M. Hynes for payment from the State Treasury of a moral obligation to Neil J. Miller for certain legal expenses;

Of the petition (accompanied by bill, House, No. 4052) of David L. Smith relative to authorizing the Governor to consult with banks, financial firms, economists and major corporations as part of the budget process; and

Of the petition (accompanied by bill, House, No. 4053) of Peter V. Kocot that the Governor of the Commonwealth be required to file an annual capital spending budget with the General Court;

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 or the joint committee.

Resolutions.

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

Resolutions (filed by Mr. Moore) “on the retirement of John A. Rauth, Jr.”

PAPER FROM THE HOUSE.

A Bill relative to the appointment of Matthew A. Kraunelis to the position of chief of staff to the mayor of the city of Methuen (House, No. 4580,— on petition) [Local approval received].
There being no objection, the rules were suspended, on motion of Ms. Chandler, 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 authorizing the appointment of Matthew A. Kraunelis to the position of chief of staff to the mayor of the city of Methuen”.

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 Peter Jakub Jegorow to take the civil service examination for the position of firefighter in the city of Haverhill notwithstanding the maximum age requirement (House, No. 295),— 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.

The Senate Bill relative to the Essex North Shore Agricultural and Technical School District (Senate, No. 2317),—came from the House passed to be engrossed, in concurrence with an amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4624.
The rules were suspended, on motion of Mr. Hedlund, and the House amendment was considered forthwith and adopted, in concurrence.

Engrossed Bill.

An engrossed Bill authorizing Julio Perez to take the civil service examination for the position of firefighter in the city of Haverhill notwithstanding the maximum age requirement (see House, No. 4119) (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. Havern) and laid before the Governor for his approbation.

Report of Committees.

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 Richard T. Moore, Jennifer M. Callahan, Edward M. Augustus, Jr., James E. Timilty and others of the General Court for legislation relative to reforming Chapter 40B.
Senate Rule 36 was suspended, on motion of Mr. Moore, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Housing.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4630) of Kathleen M. Teahan and others relative to the Bureau of Forest Fire Control within the Department of Environmental Management,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Safety and Homeland Security.

A petition (accompanied by bill, House, No. 0000) of Brian P. Wallace for legislation to classify certain medications containing controlled release oxycodone as Class A controlled substances came from the House with endorsement that the House had insisted on its reference to the Judiciary.
On motion of Mr. Knapik, the Senate insisted on its reference to the committee on Mental Health and Substance Abuse.
Sent to the House for its action.

Motion to Discharge.

Mr. Moore moved that the committee on Bonding, Capital Expenditures and State Assets be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 53) of Richard T. Moore, Jennifer M. Callahan and Paul Kujawski for legislation relative to the disposition of easements or other interests in land in Uxbridge under the care and control of the Department of Conservation and Recreation.
On further motion of Mr. Moore, the further consideration of this matter was postponed until Wednesday, January 18, 2006. 

Recess.

There being no objection, at twenty-six minutes past eleven o’clock A.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at twenty-five minutes past twelve o’clock noon, the Senate reassembled, Mr. Havern in the Chair.

Distinguished Guest.

There being no objection, the Chair (Mr. Havetn) handed the gavel to Mr. Joyce for the purpose of an introduction. Mr. Joyce introduced seated in the rear of the Chamber the Hyde family. Mr. and Mrs. Hyde were accompanied by Sam and by their son Matt, a scout for the New York Yankees.

PAPERS FROM THE HOUSE.

A Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land to the Greater Boston Food Bank, Inc. (House, No. 4602,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Joyce, 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 authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land to the Greater Boston Food Bank, Inc.” 

Engrossed Bill.

An engrossed Bill authorizing the appointment of Matthew A. Kraunelis to the position of chief of staff to the mayor of the city of Methuen (see House, No. 4580) (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 and laid before the Governor for his approbation. 

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 Senate Bill creating a board of registrars in the town of Swampscott (Senate, No. 2270),— was read a second time and ordered to a third reading. 

Recess.

There being no objection, at twenty-eight minutes past twelve o’clock noon, the Chair (Mr. Havern) declared a recess; and at two minutes past one o’clock P.M., the Senate reassembled, Mr. Havern in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land to the Greater Boston Food Bank, Inc. (see House, No. 4602), 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 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 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 Tuesday 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 nine minutes past one o’clock P.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.