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, February 27, 2006.

Met at one minute past eleven o’clock A.M. (Mr. Rosenberg in the Chair).

The Senator from Middlesex and Essex, Mr. Tisei, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Reports.

The following reports were severally read and placed on file:

A report of the Plymouth County Register of Deeds (under 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 request 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 Friday, February 24, 2006); and

A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws, as most recently amended by Section 6 of Chapter 142 of the Acts of 2003) relative to the condition of the Unemployment Insurance Trust Fund for the month of January 2006 (received Friday, February 24, 2006).

Petitions.

Mr. Augustus presented a petition (accompanied by bill, Senate, No. 2388) of Edward M. Augustus, Jr. and Paul K. Frost (by vote of the town) for legislation to authorize the town of Auburn to convey a certain parcel of land [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.

Mr. Antonioni presented a petition (subject to Joint Rule 7B) of Robert A. Antonioni and Stephen M. Brewer for legislation to authorize Quinn Bill reimbursements for the city of Gardner,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. McGee, for the committee on Labor and Workforce Development, on Senate, Nos. 1087, 1088, 1092, 1098, 1100, 1103, 1105, 1106, 1107, 1108 and 1118, an Order relative to authorizing the joint committee on Labor and Workforce Development to make an investigation and study of certain current Senate documents relative to labor and related employment issues (Senate, No. 2387);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Fargo, for the committee on Public Health, on petition, a Bill regarding medical record retention requirements (Senate, No. 1292);
Read and, under Joint Rule 1E, referred to the committee on Health Care Financing.

By Mr. McGee, for the committee on Labor and Workforce Development, on petition, a Bill relative to the state wildfire team (Senate, No. 1084);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. McGee, for the committee on Labor and Workforce Development, on petition, a Bill relative to the employment rights of volunteer ambulance service employees (Senate, No. 1083);
Read and, under 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 protecting the rights of target shooters (House, No. 4552).

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 Order relative to authorizing the joint committee on Education to make an investigation and study of certain current Senate documents relative to education (Senate, No, 2382); and
Of the Senate Order relative to authorizing the joint committee on Mental Health and Substance Abuse to make an investigation and study of certain current Senate documents relative to mental health issues (Senate, No. 2384);
And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPER FROM THE HOUSE.

A Bill authorizing the town of Brookline to lease certain town owned land (House, No. 4113,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Creem) “congratulating Freda Gould Rebelsky on the occasion of her seventy-fifth birthday”;
Resolutions (filed by Mr. Havern) “congratulating Dr. Allan J. McCarthy on the occasion of his one hundredth birthday”; and
Resolutions (filed by Mr. Lees) “recognizing the one hundredth anniversary of the Wilbraham Women’s Club.”

Communications.

The Clerk read the following communications:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

February 22, 2006.

Mr. William F. Welch
Clerk of the Massachusetts Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:
On Thursday February 15th, I was out of state due to a family commitment. Therefore, I was unable to be present in the Senate Chamber for the roll call votes on the following matters:

The first matter was on engrossment of An Act Supporting Access and Excellence in Public Higher Education in the Commonwealth (S. 2371). Had I been present, I would have voted in the affirmative.

The second matter taken up was on enactment on An Act Authorizing the Division of Capital Asset Management and Maintenance to Convey Certain Land in the town of Erving (H. 1433). Had I been present, I would have voted in the affirmative.

The third matter was on a veto override of An Act Relative to the Shipment of Wine (H. 4498). Had I been present, I would have voted in the negative.
I would appreciate your assistance with the printing of this communication in today’s Senate Journal. Thank you for your attention to this matter.

Sincerely,
SCOTT P. BROWN,
State Senator,
Norfolk, Bristol and Middlesex District.

On motion of Ms. Chandler, the above communication was ordered printed in the Journal of the Senate.

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

February 23, 2006.

Mr. William Welch, Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:
On Thursday February 9, 2006, I was away from the State House due to a scheduling conflict and I was therefore unable to participate in roll call votes to engross the following pieces of legislation:

Senate Bill #2206: An Act Regulating Access to Student Records; and

House Bill #13: An Act Increasing the Accidental Death Benefit Payable to Surviving Children. Had I been present, I would have voted in the affirmative on both 5.2206 and H.13,

I also missed a roll call vote pertaining to accepting, in part, a conference committee report:

House Bill # 4429: An Act Establishing a Commonwealth Investment Program. Had I been present, I would have voted in the affirmative.

I am respectfully requesting that a copy of this letter be printed in the Senate Journal as part of the official record for February 9th, 2006. Thank you in advance for your assistance in this matter.

Sincerely,
CYNTHIA STONE CREEM,
State Senator,
1st Middlesex and Norfolk District.

On motion of Ms. Fargo, the above communication was ordered printed in the Journal of the Senate.

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

February 23, 2006.

Mr. William Welch, Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:
On Wednesday February 15, 2006, I was away from the State House due to a scheduling conflict and 1 was therefore unable to participate in roll call votes to enact the following pieces of legislation:

Senate Bill #2380 — A Bill Supporting Access and Excellence in Public Higher Education; and

House Bill #1433 — A Bill authorizing the Department of Capital Asset Management and Maintenance to Convey Certain Land in the Town of Erving.

Had I been present, I would have voted in the affirmative on both S.2380 and H.1433.

Additionally, I was unable to participate in the roll call vote pertaining to passing the following bill, notwithstanding the objection of His Excellency the Governor:
House Bill #4522 — An Act Relative to the Direct Shipment of Wine. Had I been present, I would have voted in the negative.

I am respectfully requesting that a copy of this letter be printed in the Senate Journal as part of the official record for February 15th, 2006. Thank you in advance for your assistance in this matter.

Sincerely,
CYNTHIA STONE CREEM,
State Senator,
1st Middlesex and Norfolk District.

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

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 Robert A. Antonioni for legislation relative to scholarship information.

Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Higher Education.

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 further regulate ski areas and recreational tramways.

Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety and Homeland Security.
Severally sent to the House for concurrence.

There being no objection, at six minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at fourteen minutes before four o’clock P.M., the Senate reassembled, Mr. Rosenberg in the Chair.

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 House Bill establishing a bladder cancer screening program within the Department of Public Health (House, No. 1636),— was read a second time.
Pending the question on adoption of the amendment previously recommended by the committee on Ways and Means, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2361 and pending the main question on ordering the bill to a third reading, on motion of Mr. Tisei, the bill was recommitted to the committee on Ways and Means.

The House Bill relative to community preservation funds (House, No. 1680),— was read a second time and ordered to a third reading.

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 authorizing municipalities to petition for public involvement plans in cases of hazardous material sites (Senate, No. 518).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and ordered to a third reading.

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 increasing the penalties violating speed limits in school zones (Senate, No. 1859).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and ordered to a third reading.

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 to regulate the speed of school buses on limited access highways (Senate, No. 1918).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and ordered to a third reading.

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 authorizing the use of ultrasonic thickness determination of air tanks and other receptacles (House, No. 1871).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill authorizing the Department of Environmental Management to take or acquire conservation restrictions in and to lands of the city of Leominster (Senate, No. 31),— ought to pass, with an amendment in section 1, by striking out the words “department of environmental management, in consultation with the division of capital asset management and maintenance.,” and inserting in place thereof the following words:— “division of capital asset management and maintenance, in consultation with the department of conservation and recreation and pursuant to sections 40E to 40J, inclusive, of chapter 7 of the General Laws,”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 31, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill authorizing the Division of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Washington (Senate, No. 58),— ought to pass, with an amendment in section 1, by striking out, in lines 2 and 3, the words “subject to the provisions of sections 40E to 40J, inclusive” and inserting in place thereof the following:— “notwithstanding sections 40E to 40G, inclusive, and 40I”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 58, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill directing the State Retirement Board to retire Robert Emmet Fitzgerald (Senate, No. 1500),— ought to pass, with an amendment by striking out section 2 and inserting in place thereof the following section:—

“SECTION 2. The pension set forth in this act shall operate prospectively and shall be funded as provided in section 383 of chapter 149 of the acts of 2004.”; and by inserting before the enacting clause the following emergency preamble:—

“Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide a pension to Robert Emmet Fitzgerald, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”:
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 1500, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the state retirement system (Senate, No. 1570),— ought to pass, with an amendment in section 1, by striking out in line 3, the year “2005” and inserting in place thereof the following year:— “2006”; in section 2, by striking out in line 3, the year “2005” and inserting in place thereof the following year:— “2006”; in section 4, by striking out in line 5, the year “2005” and inserting in place thereof the following year:— “2006”; and by adding after section 4 the following section:—

“SECTION 5. Employees of the Berkshire regional planning commission shall be eligible for membership in the state employees’ retirement system only if they meet the state board of retirement’s membership requirements. Members of the Berkshire regional planning commission shall conform to the state board of retirement’s payroll reporting requirements.”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 1570, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the renewable energy portfolio (Senate, No. 2122),— ought to pass, with an amendment in section 1, by inserting after the words “renewable electricity”, in line 8, the following words:— “is delivered”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2122, amended) was then ordered to a third.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the prohibition of alcoholic beverage vaporizers (Senate, No. 2311),— ought to pass, with an amendment in section 1, in the first sentence, by striking out the words “give away or permit to be sold, delivered, or given away” and inserting in place thereof the following words:— “distribute in any manner, or permit to be sold, delivered or distributed in any manner”; in said section 1, by adding the following sentence:— “Whoever violates this section shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or both.”; in said section 2, in the first sentence, by inserting after the word “purchase” the following words:— “, lease or otherwise obtain”; and by inserting before the enacting clause the following emergency preamble:—

“Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to prohibit the sale or use of alcoholic vaporizers, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended as recommended by the committee on Ways and Means.
The bill (Senate, No. 2311, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Marie Cantave-Kenney, an employee of the Trial Court of the Commonwealth (House, No. 4653),— ought to pass, with an amendment in section 1, by adding the following sentence:— “Whenever Ms. Cantave-Kenney terminates employment with the trial court or requests to dissolve the sick leave bank, the remaining days in the sick leave bank shall be transferred to the trial court paid sick leave bank.”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, on the recommitted House Bill (House, No. 1636), in part, a “Bill promoting access and affordability of health care” (Senate, No. 2390).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and ordered to a third reading.

Order Adopted.

On motion of Mr. Tisei,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.

On motion of the same Senator, at five minutes past four o’clock P.M., the Senate adjourned to meet on the following day at one o’clock P.M.