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.


Seal of the Commonwealth of Massachusetts


Thursday, February 16, 2006.

Met at one minute past eleven o'clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Plymouth and Bristol, Mr. Pacheco, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.


Ms. Resor presented a petition (subject to Joint Rule 12) of Pamela P. Resor, James B. Eldridge and Robert S. Hargraves for legislation to create a biologics pharmaceutical manufacturing development site in the Devens regional enterprise zone,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

A Bill establishing a sick leave bank for Marie Cantave-Kenney, an employee of the Trial Court of the Commonwealth (House, No. 4653,— on petition),- was read and, under Senate Rule 27, referred to the committee on Ways and Means.


The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Pacheco) “recognizing Robert W. Studley on the occasion of his retirement."


The Clerk read the following communication:


February 16, 2006.

William Welch, Clerk
Massachusetts State Senate
State House, Room 334
Boston, MA 02133

Dear Mr. Clerk:

Due to a recent medical procedure I was unable to attend the Senate session on February 15, 2006. Had I been present, I would have voted in favor of Senate Bill, No. 2380, An Act Supporting Access and Excellence in Public Higher Education in the Commonwealth and House Bill, No. 4133, An Act Relative to Certain Conservation Land in the Town of Erving.

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for February 15, 2006. Thank you in advance for your attention to this important matter.

Majority Leader.

On motion of Mr. Tisei, the above communication was ordered printed in the Journal of the Senate.

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 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),- 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 town of Westborough to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises".

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill further regulating organ and tissue donations (see Senate, No. 2353, 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. Rosenberg) and sent to the House for enactment.
Subsequently, the bill, which originated in the Senate, 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 (Mr. Rosenberg) 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 nineteen minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Tuesday at eleven o'clock A.M.