UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

Thursday, February 9, 2006.

Met according to adjournment at one o’clock P.M. (Mr. Rosenberg in the Chair).

Distinguished Guest.

There being no objection, during consideration of the Orders of the Day, the Chair (Mr. Moore) introduced Mairéad McCabe from the Irish Parliament. During Ms. McCabe’s time in Massachusetts, she studied at the Kennedy School of Government and interned with Senator Moore. She concentrated on the roles of the Clerk and Counsel within the operation of the Senate. She made her way to the Rostrum and was recognized.

Communication.

Mr. Rosenberg in the Chair, a communication from the Honorable Brian P. Lees, Minority Leader of the Senate, announcing the appointment of Senator Scott P. Brown to the Special Commission established (pursuant to Section 12 of Chapter 130 of the Acts of 2005) to make an investigation and study of a fee waiver program for veterans at state and community colleges, effective Tuesday, February 7, 2006,— was placed on file.

Petition.

Mr. Timilty presented a petition (accompanied by bill, Senate, No. 2365) of James B. Timilty, Robert K. Coughlin, Louis L. Kafka, Richard J. Ross and other members of the General Court for legislation relative to the charter of the town of Walpole [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.

Reports of Committees.

By Ms. Spilka, for the committee on Children and Families, on petition, a Bill to improve children’s health by providing dental coverage to pregnant women and mothers (Senate, No. 67);
By the same Senator, for the same committee, on petition, a Bill to provide for an income tax credit for taxpayers with family members requiring care in their homes (Senate, No. 77);
By the same Senator, for the same committee, on petition, a Bill to restore benefits for adult MassHealth beneficiaries (Senate, No. 100);
By the same Senator, for the same committee, on petition, a Bill to promote healthy behaviors (Senate, No. 101);
By the same Senator, for the same committee, on petition, a Bill requiring pharmacy assistance benefits for children (Senate, No. 104);
By the same Senator, for the same committee, on petition, a Bill relative to diabetes screening for school-aged children (Senate, No. 108);
By the same Senator, for the same committee, on petition, a Bill relative to funding for school health programs (Senate, No. 110);
By the same Senator, for the same committee, on petition, a Bill providing for insurance coverage for vision screening for children (Senate, No. 134);
By the same Senator, for the same committee, on petition, a Bill relative to eligibility criteria for nursing homes serving pediatric residents (Senate, No. 137); and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 140), a Bill to prevent shaken baby syndrome in Massachusetts (Senate, No. 2363);
Read and under Joint Rule 1E, referred to the committee on Health Care Financing.

By Ms. Spilka, for the committee on Children and Families, on petition, a Bill to assure equal treatment for lawful immigrants in Massachusetts (Senate, No. 94, changed in section 4 by striking out the words “Section 1”, in line 1, and inserting in place thereof the words “Section 2”);
By the same Senator, for the same committee, on petition, a Bill to grant a tax credit to employers providing day care for employees (Senate, No. 135, changed in section 1 by striking out the words “Office of Child Care Services”, in line 32, and inserting in place thereof the words “Department of Early Education and Care”);
By the same Senator, for the same committee, on petition, a Bill relative to increasing consumer access to licensed marriage and family therapists (Senate, No. 136);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 73), a Bill relative to emergency aid to the elderly, disabled and children (Senate, No. 2362); and
By Mr. O’Leary, for the committee on Higher Education, on Senate, Nos. 293, 762, 763, 765, 766, 768, 770, 772, 773, 774, 780, 781, 782, 783 and 784, and on House, Nos. 1221, 1222, 1224, 1225, 1227, 1228, 1231, 1233, 1237, 1239, 1240, 1241, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1254, 1255, 1258 and 4196 a Bill supporting access and excellence in public higher education (Senate, No. 2364);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Spilka, for the committee on Children and Families, on petition, a Bill to protect children from harmful information found on the Internet (Senate, No. 84, changed in section 1, by striking out the words “September 1, 2005” in line 17 and inserting in place thereof the words “September 1, 2006” and in section 2 by striking out the words “September 1, 2005” in line 16 and inserting in place thereof the words “September 1, 2006”):
Read and, under Rule 26, referred to the committee on Ethics and Rules.

By Mr. Buoniconti, for the committee on Senate Ethics and Rules, on petition, a Bill relative to apprentice training (Senate, No. 1086);
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committees Discharged.

Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Bill establishing a long-term care study commission (Senate, No. 380),— and recommending that the same be referred to the Senate committee on Senate Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Ms. Spilka, for the committee on Children and Families, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 85) of Brian A. Joyce for legislation to establish school nutrition education classes,— and recommending that the same be referred to the committee on Education.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A Bill relative to the health of school children (House, No. 3637,— on petition).
Read and, under Rule 26, referred to the committee on Ethics and Rules.

A Bill authorizing the town of Westborough to grant an additional license for the sale of wine and malt beverages not to be drunk on the premises (House, No. 4559,— on House, No. 4456) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Children and Families, asking to be discharged from further consideration of the petition (accompanied by resolutions, House, No. 1460) of Bradley H. Jones, Jr., and others for the adoption of resolutions relative to educating middle schools students concerning physical exercise and good nutrition, and recommending that the same be referred to the committee on Education,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

There being no objection at one minute past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at a quarter past one o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

The following prayer was offered by Father Bernard McLaughlin, Chaplain of the Senate:

Once again it seems we are a people looking for meaning in our battled world which seems to be under the gun on a regular basis. The operative words seem to be nuclear, hatred, fear and tottering on the edge. Worse still we seem to have lost our confidence in our institutions: justice, church, medicine, security.
A key question is, in all of the darkness, can there be light and hope? Our retort is a resounding “yes”.
Isn’t there hope because we are the heirs of American freedom and strength? Isn’t there hope because we are truly One Nation Under God? Isn’t there hope because our forebears built this nation and we vowed to save and enhance it for generations to come? Amen.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brewer) “congratulating Mary Marques on the occasion of her one hundred and tenth birthday”;
Resolutions (filed by Mr. Travaglini) “honoring the 1972 United States Men’s Olympic Hockey Team”; and
Resolutions (filed by Ms. Wilkerson) “honoring Donald L. Stull.”

PAPER FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill amending the law establishing the Northern Berkshire Industrial Park and Development Corporation (see House, No. 4376, 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 9 to 0.
The bill was signed by the President and, sent to the House for enactment.

Orders of the Day.

The Orders of the Day were considered, as follows:
Bills
Relative to certain property tax assessments in the town of Williamsburg (Senate, No. 1694);
Designating a certain section of route fifty-six in the town of Rutland in memory of Atillio and Ugo Alinovi (Senate, No. 1882, changed);
Relative to Francis K. Rayne (civil service exemption) (Senate, No. 2094);
Amending Sec. 21 of the charter of the city of Somerville to allow the appointment of a non-civil service chief of police (Senate, No. 2304);
Relative to the reporting of revenue for the service of civil process by constables (House, No. 3576);
Relative to the Greater Lawrence Sanitary District (House, No. 4138);
Relative to the school department in the town of Fairhaven expending revenue derived from advertising in schools without further appropriation by the town (House, No. 4221);
Authorizing the Division of Capital Asset Management and Maintenance to convey certain land to the city of Peabody (House, No. 4247);
Authorizing the town of Stoughton to establish a Massachusetts Water Resources Authority capital infrastructure fund (House, No. 4255, changed);
Relative to construction of sewer system extensions in the town of Concord (House, No. 4364); and
Relative to the city of Peabody Municipal Light Plant (House, No. 4462);
Were severally read a second time and ordered to a third reading.

The pending motion, previously moved by Mr. Moore, that the joint 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,— was declared to be moot for the reason that the committee having previously reported on the matter.

The Senate Bill regulating access to student records (Senate, No. 2206, amended) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at twenty-five minutes before two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 225]:

The yeas and nays having been completed at twenty-two minutes before two o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.
Committee of Conference Report.

There being no objection, during consideration of the Orders of the Day, a report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendments to the House Bill relative to economic investments to promote job creation, economic stability, and competitiveness in the Massachusetts economy (House, No. 4429) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2264; striking out the emergency, preamble and inserting in place thereof the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make forthwith supplemental appropriations for the costs for certain spending, public investment, and bonded debt of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and striking out the title and inserting in place thereof the following title: “An Act establishing a Commonwealth investment program.” [Estimated cost:— $273,656,666 (operating funds); $200,000,000 (bond authorization)], reported, in part, a Bill relative to economic investments to promote job creation, economic stability, and competitiveness in the Massachusetts economy (House, No. 4429),— came from the House, and was read.
The rules were suspended, on motion of Mr. Hart, and the report was considered forthwith.
After remarks, the question on acceptance of the report of the committee of conference was determined by a call of the yeas and nays, at thirteen minutes before two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 35 — nays 1) [Yeas and Nays No. 226]:

The yeas and nays having been completed at ten minutes before two o’clock P.M., the report was accepted, in concurrence.

Orders of the Day.

The Orders of the Day were further considered, as follows:
The Senate Bill establishing the Freedom’s Way Heritage Area and Commission (Senate, No. 1852),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Resor moved that the bill be amended in section 1, by inserting after the word “Westminster”, in lines 8 and 9, the following word:— “Winchendon”; by inserting after the word “area”, in line 23, the following words:— “in consultation with the Massachusetts Historical Commission”; and in section 2, by inserting after the word “organizations”, in line 6, the following words:— “, in consultation with the Massachusetts Historical Commission,”.
This amendment was adopted.
The bill (Senate, No. 1852, amended) was then passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill amending the law regulating licensing of hospital beds (Senate, No. 2141) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill establishing the Asian American Commission (Senate, No. 2201, amended) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and, after remarks, was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill further regulating organ and tissue donations (Senate, No. 2353),— was read a third time.
Pending the question on passing the bill to be engrossed, on motion of Mr. Moore, the bill was referred to the joint committee on Health Care Financing.
Sent to the House for concurrence in the referral to the joint committee.

The Senate Bill protecting the natural and historic resources of the commonwealth (Senate, No. 2360),— was read a third time.
Pending the question on passing the bill to be engrossed, on motion of Mr. Lees, the further consideration thereof was postponed until Thursday, March 16.

The House Bill increasing the accidental death benefit payable to surviving children (House, No. 13) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Murray moved that the bill be amended in section 1, by striking out, in lines 5 and 6, the words “beginning January first, two thousand and five,”.
This amendment was adopted.
After remarks, the question on passing the bill, as amended, to be engrossed was determined by a call of the yeas and the nays at twelve minutes past two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 227]:

The yeas and nays having been completed at a quarter past two o’clock P.M., the bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The Senate Bill relative to standards for protective headgear for operators or passengers on motorcycles (Senate, No. 1344),— was considered; the main question being on ordering it to a third reading.
The pending amendment, previously moved by Mr. Moore, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2336 was considered; and, on motion of Mr. Moore, the amendment was withdrawn.
The same Senator then 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 2368.
After debate, pending the question on adoption of the amendment, and pending the main question on ordering the bill to a third reading, Mr. Pacheco moved that the bill be laid on 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.

The Senate Bill further regulating the retirement of certain employees of the Department of Fire Services (Senate, No, 2293),— was considered; the main question being on passing the bill to be engrossed.

There being no objection, on motion of Ms. Murray, the pending motion, previously moved by the same Senator, to lay the matter on the table was withdrawn.

The pending amendment, previously moved by Mr. Barrios, striking out section 2 and inserting in place thereof the following 2 sections:

“SECTION 2. Section 3 of said Chapter 32, as so appearing, is hereby amended by inserting in line 312, after the word ‘affairs’ the following words:— , full-time employees of the department of the services in the executive office of public safety, if they have previously been full-time members of a fire department of any city, town or fire district, including Devens or the Massachusetts Port Authority fire departments, and have been members of group 4 for 10 or more years.

SECTION 3. No employee of the department of fire services, otherwise eligible for retirement under this act, shall be eligible for retirement under this act for a period of 1 year after the effective date of this act.”,— was considered; and it was adopted.
The bill (Senate, No. 2293, amended) was then passed to be engrossed.
Sent to the House for concurrence.

The House Bill establishing a department of public facilities in the city of Malden (House, No. 4458),— was read a second time and ordered to a third reading.
The rules were suspended, on motion of Mr. Tisei, and the bill was read a third time and passed to be engrossed, in concurrence.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered as follows:
The House Bill designating a scenic road in the town of Falmouth (House, No. 4135) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill relative to the granting of licenses for the sale of alcoholic beverages, in the town of Arlington (House, No. 31,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time, and, after remarks, was 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 2 ballot questions in the town of Arlington relative to the granting of licenses for the sale of alcoholic beverages not to be drunk on the premises.”

A Bill relative to the granting of licenses for the sale of alcoholic beverages for restaurants in the town of Arlington (House, No. 32,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Havern, 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 a ballot question in the town of Arlington relative to the granting of licenses for the sale of all alcoholic beverage in certain restaurants.”

Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate), 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 President and laid before the Governor for his approbation, to wit:
Relative to elevator license examinations (see Senate, No. 2216, amended);
Authorizing the town of Milton to grant a license for the sale of all alcoholic beverages to be drunk on the premises of a certain restaurant (see Senate, No. 2324, amended);
Authorizing the town of Arlington to establish a special account for the Symmes Conservation and Improvement Project (see House, No. 4270);
Amending the law establishing the Northern Berkshire Industrial Park and Development Corporation (see House, No. 4376, amended);
Establishing a sick leave bank for Samuel Russell, an employee of the Trial Court (see House, No. 4569); and
Promoting the National Athletic Association 2006 Women’s Final Four Basketball Championship (see House, No. 4679).

Matter Taken Out of the Orders of the Day.

On motion of Ms. Fargo, the rules were suspended and the following matter was taken out of the Orders of the Day and considered as follows:
The Senate Bill authorizing the certification and appointment of Francis K. Rayne as a firefighter in the town of Billerica (Senate, No. 2094) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Reports 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 Susan C. Fargo for legislation to authorize arbitration of the termination of Stephen Scanlon by the Sheriff of Suffolk County.
Senate Rule 36 was suspended, on motion of Ms. Menard, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 M. Brewer, Anne M. Gobi, Dennis G. Fleming and Walter J. Heyes for legislation to designate a certain portion of land at the intersection of routes 122 and 32 in Barre as “Trifilo” Square.
Senate Rule 36 was suspended, on motion of Ms. Menard, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4680) of Robert P. Spellane and others for legislation to increase access to certain birth and marriage records;
Under suspension of Joint Rule 12, to the committee on Public Health.
Petition (accompanied by bill, House, No. 4681) of George N. Peterson, Jr., Richard T. Moore, Edward M. Augustus, Jr. and Marie J. Parente relative to abolishing the library district in the towns of Mendon and Upton;
Under suspension of Joint Rule 12, to the committee on Tourism, Arts and Cultural Development.
Petition (accompanied by bill, House, No. 4682) of James R. Miceli relative to the issuance of motor vehicle registration plates to certain disabled veterans;
Under suspension of Joint Rule 12, to the committee on Transportation.

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 authorizing abatement of certain property tax assessments in the town of Williamsburg (Senate, No. 1694) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Order Adopted.

On motion of Mr. Havern,—
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 the same Senator, at three o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.