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


Tuesday, February 21, 2006.

Met at three minutes past eleven o'clock A.M. (Mr. Panagiotakos 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. Panagiotakos), members, guests and employees then recited the pledge of allegiance to the flag.


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 Franklin County Jail and House of Correction (received Thursday, February 16, 2006),-was read and sent to the House for its information.


Petitions were presented and referred, as follows:

By Mr. Buoniconti, a petition (subject to Joint Rule 12) of Stephen J. Buoniconti for legislation to further regulate ski areas and recreational tramways; and
By Ms. Resor, a petition (subject to Joint Rule 12) of Pamela P. Resor, Stephen Kulik and Douglas W. Petersen for legislation relative to municipal zoning, subdivision control and planning;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Mr. Augustus, for the committee on Election Laws, on petition, a Bill validating the proceedings of the annual town elections in the town of Royalston (Senate, No. 2188) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill authorizing the town of Manchester-By-The-Sea to recall elected municipal officials (Senate, No. 2280) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


Establishing a sick leave bank for John Lavoie, an employee of the Massachusetts Department of Corrections (House, No. 4566, changed,— on petition); and
Establishing a sick leave bank far Ellen E. Briggs, an employee of the Trial Court (House, No. 4634,- on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Allowing widows of veterans to retain ownership of veterans’ plates (House, No. 1706, changed,- on petition);
To protect the financial privacy of all employees of non-profit or charitable corporations (House, No. 2119,- on petition); and
Protecting the rights of target shooters (House, No. 4552,- on House, No. 1953);
Were severally read and, under Senate Rule 26, referred to the committee on Senate Ethics and Rules.

A Bill establishing a town administrator in the town of Hanson (House, No. 4524,- on petition) [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, ought NOT to pass, on the message from His Excellency the Governor recommending legislation relative to expanding family shelter eligibility (accompanied by bill, House, No. 4229),— was referred, under Senate Rule 36, to the committee on Ethics and Rules.


The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Augustus) "recognizing Russell Connor, Jr. on the occasion of his retirement"; and
Resolutions (filed by Ms. Walsh) "congratulating Hui Feng on receiving a 2006 Prudential Spirit of Community Award."

Engrossed Bill Returned by Governor With Recommendation of Amendment.

The engrossed Bill relative to elevator license examinations (see Senate, No. 2216, amended) (which on Thursday, February 9, 2006, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Governor on Friday, February 17, 2006 at twenty-four minutes past nine o’clock A.M., with a message recommending an amendment.

The message (Senate, No. 2381) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.

Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Mr. Tarr.


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

Engrossed Bills.

The following engrossed bills (the first 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 Acting President (Mr. Panagiotakos) and laid before the Governor for his approbation, to wit:

Relative to disability retirement benefits for certain employees who contract cancer (see Senate, No. 2257); and
Further regulating meetings of municipal boards (see House, No. 4489, amended).

Order Adopted.

On motion of Mr. Tarr,-

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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 one minute past twelve o'clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.