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, March 16, 2006.

Met according to adjournment at 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.

Distinguished Guests.

There being no objection, the Chair (Mr. Havern) handed the gavel to Ms. Chandler for the purpose of an introduction. Ms. Chandler then introduced the Algonquin High School Boys Soccer Team. The team recently won their second consecutive Division One state championship. The team was accompanied by their coaches and families.

There being no objection, the Chair (Mr. Havern) handed the gavel to Ms. Chandler for the purpose of an introduction. Ms. Chandler then introduced seated in the rear of the Chamber, Laura Eliason and Ron Storlazzi of Sturbridge. Ms. Eliason and Mr. Storlazzi won a lunch and tour of the State House during a fund raising auction for Abby’s House, a non-profit organization that benefits the homeless and battered women in Worcester.

There being no objection, the Chair (Mr. Havern) handed the gavel to Mr. Timilty for the purpose of an introduction. Mr. Timilty then introduced, in the rear of the Chamber, the 3rd grade class from the Fisher School in Walpole.

There being no objection, the President introduced, Mr. Alain Claeys, a member of the French Parliament, Mr. Francois Gauthier, The Consul General to Boston, Mr. Pierrat, Scientific Attache and Ms. Adriana Georges. The delegation from France was visiting Boston to explore issues related to stem-cell research. The guests signed the guest book and withdrew from the Chamber.

Petitions.

Mr. Havern in the Chair, petitions were presented and referred as follows:
By Mr. McGee, a petition (accompanied by bill, Senate, No. 2415) of Thomas M. McGee, Douglas W. Petersen, Robert F. Fennell, Steven M. Walsh and other members of the General Court (with approval of mayor and city council) for legislation relative to the maintenance and repairs of all city of Lynn owned buildings within the city of Lynn [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.

By Mr. Morrissey, a petition (accompanied by bill, Senate, No. 2414) of Michael W. Morrissey, Ronald Mariano, A. Stephen Tobin and Bruce J. Ayers (with approval of mayor and city council) for legislation relative to the issuance of pension funding bonds by the city of Quincy [Local approval received];
Under Senate Rule 20, to the committee on Public Service.
Severally sent to the House for concurrence.

Petitions were presented and referred, as follows:
By Mr. Barrios, a petition (subject to Joint Rule 12) of Jarrett T. Barrios for legislation to empower the Secretary of Public Safety to establish regulations relative to the issuance of police identification cards; and
By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Richard R. Tisei, Bruce E. Tarr, Eric Turkington and other members of the General Court for legislation to strengthen community hospitals;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.
By Mr. Moore, for the committee on Health Care Financing, that the Senate bills
Relative to preventing the use of ecstasy and the abuse of pharmaceutical drugs (Senate, No. 1143) (Estimated cost — more than $100,000);
Regarding choice of long term care settings (Senate, No. 2273) (also based on House, Recreation to 2895 and 2899) (Estimated cost — more than $100,000); and
To establish standards for long-term care insurance (Senate, No. 2285) (Estimated cost — more than $100,000);
Severally ought to pass.
Severally referred, under Senate Rule 27, to the committee on Ways and Means.

Mr. Moore, for the committee on Health Care Financing, that the Senate Bill regarding medical record retention requirements (Senate, No. 1292),— ought to pass;
Referred under Senate Rule 26, to the committee on Ethics and Rules.

By Mr. O’Leary, for the committee on Higher Education, on Senate, No. 779 and House, No. 1235, an Order relative to authorizing the joint committee on Higher Education to make an investigation and study of a certain current Senate and House document relative to higher education (Senate, No. 2409);
By Mr. Barrios, for the committee on Public Safety and Homeland Security, on Senate, Nos. 1326, 1346, 1347, 1348, 1360, 1364, 1368, 1369, 1372, 2114 and 2169, an Order relative to authorizing the joint committee on Public Safety and Homeland Security to make an investigation and study of certain current Senate documents relative to public safety and homeland security (Senate, No. 2407); and
By Ms. Creem, for the committee on Revenue, on Senate, Nos. 497, 499, 804, 806, 814, 1183, 1634, 1635, 1638, 1639, 1640, 1641, 1642, 1644, 1645, 1646, 1647, 1648, 1649, 1650, 1652, 1653, 1654, 1655, 1656, 1657, 1658, 1660, 1661, 1662, 1663, 1664, 1665, 1666, 1667, 1669, 1670, 1671, 1672, 1673, 1674, 1675, 1677, 1678, 1680, 1681, 1682, 1683, 1684, 1685, 1686, 1687, 1688, 1689, 1690, 1691, 1692, 1693, 1695, 1696, 1697, 1698, 1699, 1700, 1702, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 1730, 1731, 1732, 2023, 2024, 2056, 2090, 2091, 2119, 2149, 2232, 2343 and 2366 an Order relative to authorizing the joint committee on Revenue to make an investigation and study of certain current Senate documents relative to revenue (Senate, No. 2410) [Local approval received on Senate, Nos. 804 and 1642];
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Spilka, for the committee on Children and Families, on petition (accompanied by bill, Senate, No. 90), a Bill establishing the interstate compact for juveniles (Senate, No. 2432);
By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill relating to the distribution and sale of household cleaning products containing phosphorus (Senate, No. 537);
By the same Senator, for the same committee, on Senate, No. 540 and House, Nos. 1278, 1331 and 1367, a Resolve establishing a wildlife management commission (Senate, No. 540);
By the same Senator, for the same committee, on petition, a Bill providing fees to licensing authorities for deer tag processing (Senate, No. 2102);
By the same Senator, for the same committee, on Senate, Nos. 523 and 2225, a Bill authorizing the Department of Conservation and Recreation to provide leases to yacht clubs on its property (Senate, No. 2411);
By the same Senator, for the same committee, on Senate, No. 549 and House, Nos. 1274 and 3892, a Bill establishing a water resources conservation act and efficienccy program (Senate, No. 2412);
By Mr. Barrios, for the committee on Public Safety and Homeland Security, on petition, a Bill creating the public safety officers’ catastrophic injury fund (Senate, No. 1323, changed by striking out section 2 in its entirety);
By the same Senator, for the same committee, on Senate, No. 1340 and House, Nos. 1861, 1862, 1926 and 1941, a Bill to include call/volunteer firefighters on the Massachusetts Fire Training Council (Senate, No. 1340);
By the same Senator, for the same committee, on Senate, No. 1341 and House, Nos. 1859, 1927 and 1942, a Bill to include call/volunteer firefighters on the Fire Service Commission (Senate, No. 1341); and
By the same Senator, for the same committee, on petition, a Bill requiring tagging of explosive materials (Senate, No. 1355);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill relative to hunter education (Senate, No. 469);
By the same Senator, for the same committee, on petition, a Bill to enhance the management of problem wildlife (Senate, No. 480);
By Mr. O’Leary, for the committee on Higher Education, on petition (accompanied by bill, Senate, No. 777), a Bill relative to establishing a campus rape and sexual assault prevention advisory council (Senate, No. 2408); and
By Mr. Barrios, for the committee on Public Safety and Homeland Security, on petition, a Bill relative to the dissemination of information to private detectives (Senate, No. 1390);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Barrios, for the committee on Public Safety and Homeland Security, on petition, a Bill providing relief for premises used for gang related activity in the city of Lynn (Senate, No. 2223) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 496) of Susan C. Fargo for legislation relative to the Department of Environmental Management Fisheries and Wildlife Board;
Referred, under Senate Rule 36, to the committee on Ethics and Rules.

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 educational issues (Senate, No. 2405);
Of the Senate Order relative to authorizing the joint committee on Municipalities and Regional Government to make an investigation and study of certain current Senate documents relative to municipal matters (Senate, No. 2402);
Of the Senate Order relative to authorizing the joint committee on Municipalities and Regional Government to make an investigation and study of certain current Senate documents relative to municipal matters (Senate, No. 2406); and
Of the Senate Order relative to authorizing the joint committee on Public Health to make an investigation and study of certain current Senate documents relative to public health (Senate, No. 2401);
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.

Mr. Antonioni, for the committee on Education, reported, asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate, No. 343) of Richard T. Moore relative to high school civics requirement;
Of the petition (accompanied by bill, Senate, No. 368) of Bruce E. Tarr, Bradford Hill, Anthony U. Verga, Brian P. Lees, and other members of the General Court for legislation to establish a program of instruction of the flag of the United States;
Of the petition (accompanied by bill, House, No. 1016) of Elizabeth A. Poirier relative to the awarding of diplomas for civics education by the Board of Education;
Of the petition (accompanied by bill, House, No. 1057) of Michael F. Rush and others relative to requiring the teaching of civics in all public elementary and high schools in the Commonwealth;
Of the petition (accompanied by bill, House, No. 1105) of Harriett L. Stanley and others for legislation to provide civics education in schools; and
Of the petition (accompanied by bill, House, To. 1178) of James M. Thiverge relative to mandating the teaching of government courses in secondary education in the Commonwealth;
And recommending that the same severally be referred to the House committee on Ways and Means.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence in the discharge of the joint committee and reference to the House committee on Ways and Means.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:
Message from His Excellency the Governor recommending legislation relative to making appropriations for the fiscal year 2006 to provide funding to support pandemic preparation and response in the Commonwealth (Rouse, No.4689);
To the committee on Health Care Financing.
Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to the department of public works in the town of Hopkinton (House, No. 4747);
To the committee on Municipalities and Regional Government.

A Bill authorizing the town of Milford to grant an additional license for the sale of wine and malt beverages not to be drunk on the premises (House, No. 4722,— on House, No. 4535) [Local approval received on House, No. 4535],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports

Of the committee on Environment, Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3896) of Kathleen M. Teahan and Alice K. Wolf for an investigation by a special commission (including members of the General Court) relative to noise pollution,— and recommending that the same be referred to the committee on Public Health.
Of the committee on Municipalities and Regional Government, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4336) of Emile J. Geguen and Jeffrey Davis Perry relative to the appointment of certain directors to the Massachusetts Sheriffs’ Association,— and recommending that the same be referred to the committee on Public Safety and Homeland Security.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Reports

Of the committee on Elder Affairs, asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate, No. 372) of Edward M. Augustus, Jr., James B. Leary, Stephen M. Brewer, Harriette L. Chandler and other members of the General Court for legislation to provide cities and towns with the option of granting property tax exemptions to certain qualifying senior citizens;
Of the petition (accompanied by bill, Senate, No. 384) of Cynthia S. Creem, Therese Murray, Richard T. Moore, Robert A. O’Leary and other members of the General Court for legislation relative to tax relief for certain elderly property owners;
Of the petition (accompanied by bill, Senate, No. 386) of Susan C. Fargo, Bruce E. Tarr, Steven A. Tolman, Robert A. O’Leary and other members of the General Court for legislation relative to certain real estate tax credit for persons 65 years of age or older;
Of the petition (accompanied by bill, Senate, No. 393) of Brian A. Joyce for legislation relative to property tax rebates for senior citizens;
Of the petition (accompanied by bill, Senate, No. 397) of Brian P. Lees, Richard R. Tisei, Bruce E. Tarr, Robert L. Hedlund and other members of the General Court for legislation to exempt certain elderly persons from certain real estate increases;
Of the petition (accompanied by bill, Senate, No. 398) of Brian P. Lees, Richard R. Tisei, Bruce E. Tarr, Robert L. Hedlund and other members of the General Court for legislation relative to property tax exemption for persons over the age of seventy;
Of the petition (accompanied by bill, Senate, No. 416) of Michael W. Morrissey, Bruce J. Ayers and Robert S. Creedon, Jr. for legislation to increase the real estate tax abatement for senior citizens;
Of the petition (accompanied by bill, Senate, No. 417) of Michael W. Morrissey, Robert S. Creedon, Jr., Thomas M. McGee, Bruce J. Ayers and other members of the General Court for legislation relative to charging the interest on property tax deferment for seniors;
Of the petition (accompanied by bill, Senate, No. 418) of Michael W. Morrissey, Robert S. Creedon, Jr., Thomas M. McGee, Bruce J. Ayers and other members of the General Court for legislation relative to fees for seniors filing with the Appellate Tax Board;
Of the petition (accompanied by bill, Senate, No. 424) of Stanley C. Rosenberg for legislation relative to tax exemptions for elderly blind persons;
Of the petition (accompanied by bill, Senate, No. 426) of Charles E. Shannon, Bruce E. Tarr, David P. Linsky, Susan C. Fargo and other members of the General Court for legislation relative to property tax exemptions for persons over the age of seventy;
Of the petition (accompanied by bill, Senate, No. 429) of Karen E. Spilka, David Paul Linsky, Louis L. Kafka, Barbara A. L’Italien and other members of the General Court for legislation relative to real estate tax increases for elderly persons;
Of the petition (accompanied by bill, Senate, No. 430) of Karen E. Spilka, David Paul Linsley, Pamela P. Resor, Barbara A. L’Italien and other members of the General Court for legislation to provide outreach to seniors relative to property tax credits; and
Of the petition (accompanied by bill, Senate, No. 436) of Marian Walsh for legislation to provide property tax relief to low and modest income elders;
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 of the joint committee.

Resolutions.
The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows.—
Resolutions (filed by Mr. Barrios) “certificate of appreciation for Lieutenant Colonel David Nadeau”;
Resolutions (filed by Mr. Brown and Ms. Spilka) “congratulating Jones Drug for being selected for the 2006 Shining Light Business Award”;
Resolutions (filed by Mr. Joyce) “congratulating Brian E. Cormier of Stoughton upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Joyce) “honoring Marion F. Dillon on the joyous occasion of her 75th birthday”;
Resolutions (filed by Mr. Joyce) “congratulating Morris A. Kline on his one hundredth birthday”;
Resolutions (filed by Mr. Moore) “honoring the contributions of pharmacists and the third annual ‘Face of Pharmacy in Massachusetts’ Event”;
Resolutions (filed by Mr. Pacheco) “congratulating the Guillemette family on the dedication of the Guillemette Brothers’ Square”;
Resolutions (filed by Ms. Spilka and Mr. Brown) “congratulating Dr. Joseph A. Keefe as a recipient of the Educator Shining Light Award”; and
Resolutions (filed by Ms. Spilka and Mr. Brown) “congratulating Judy D’Antonio for her passionate advocacy for the Natick community and commending her on the occasion of her retirement from Natick High School.”

Orders Adopted.

Ms. Spilka offered the following, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10 the joint committee on Children and Families be granted until May 11, 2006 within which to make its final report on current Senate document numbered 959.
Under the rules referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Buoniconti, for said committees, reported, that the order ought to be adopted.
The rules were suspended, on motion of Mr. Moore, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Mr. Joyce offered the following, to wit:
Ordered, That the joint committee on Housing is granted an extension until March 30, 2006 to report on H-3167.
Under the rules referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Buoniconti, for said committees, reported, that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Mr. Creedon offered the following, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10 the joint committee on the Judiciary be granted until March 29, 2006 within which to make its final report on current Senate documents numbered 70, 534, 825, 829, 831, 832, 833, 834, 836, 837, 838, 839, 841, 843, 844, 845, 846, 848, 849, 850, 851, 852, 853, 854, 855, 857, 858, 859, 860, 862, 863, 864, 865, 866, 868, 869, 870, 871, 872, 873, 874, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 888, 889, 890, 892, 893, 894, 895, 897, 899, 902, 903, 904, 905, 910, 911, 912, 913, 914, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 927, 929, 931, 933, 935, 937, 939, 940, 941, 942, 943, 944, 948, 949, 950, 951, 952, 956, 957, 958, 963, 966, 970, 971, 974, 975, 976, 977, 978, 979, 982, 983, 984, 985, 986, 989, 990, 991, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1002, 1003, 1004, 1005, 1008, 1010, 1011, 1012,1013, 1016, 1017, 1018, 1019, 1020, 1022, 1023, 1024, 1025, 1028, 1029, 1031, 1032, 1033, 1035, 1036, 1037, 1038, 1043, 1044, 1046, 1047, 1050, 1053, 1055, 1056, 1057, 1058, 1059, 1060, 1062, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1075, 1076, 1077, 1078, 1079, 1081, 1241, 1623, 2061, 2104, 2106, 2107, 2108, 2121, 2200, 2231, 2331 and 2342.
Under the rules referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Buoniconti, for said committees, reported, that the order ought to be adopted.
The rules were suspended, on motion of Mr. Barrios, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Ms. Fargo offered the following, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10 the joint committee on Public Health be granted until Friday, April 14, 2006 within which to make it final report on Senate document numbered 402.
Under the rules referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Buoniconti, for said committees, reported, that the order ought to be adopted.
The rules were suspended, on motion of Mr. Moore, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Mr. Barrios offered the following, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10 the joint committee on Public Safety and Homeland Security be granted until April 15, 2006 within which to make its final report on current Senate document numbered 1334.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Buoniconti, for said committees, reported, that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

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 relative to the treatment of waste water in the town of Shrewsbury (House, No. 4485),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 Pamela P. Resor, Frank I. Smizik, Lida E. Harkins, Susan C. Tucker and other members of the General Court for legislation to reduce carbon dioxide emissions through participation in the regional greenhouse gas initiative.
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 Environment, Natural Resources and Agriculture.

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 reinstate Jesse M. Heines as a member in service of the state employees’ retirement system.
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 Public Service.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.
House Order.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted in concurrence, as follows, to wit:

Ordered, That notwithstanding the provisions of Joint Rule 10 the joint committee on Health Care Financing be granted until Wednesday, April 12, 2006, the time within which to report on all matters referred to them.

A petition (accompanied by bill, House, No. 4766) of Anne M. Paulsen and others relative to air quality in schools and public buildings,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Health.

Recess.

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

PAPERS FROM THE HOUSE.

The Senate Bill reducing gang violence (Senate, No. 2242, amended),— came from the House with the endorsement that the House had concurred in the further Senate amendment with a still further amendment striking out section 2 and inserting in place thereof the following section:

“SECTION 2. Section 1 of chapter 268, as appearing in the 2004 Official Edition, is hereby amended by adding the following paragraph:—
All indictment or complaint for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury proceedings relating to an indictment or complaint for the commission of a violent crime, as defined in section 121 of chapter 140, the defendant under oath has knowingly made 2 or more declarations, which are inconsistent to the degree that 1 of them is necessarily false, need not specify which declaration is false if: (1) each declaration was material to the point in question and (2) each declaration was made within the period of the statute of limitations for the offense charged under this section. If, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits to such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed. It shall be a defense to an indictment or complaint made pursuant to this section that the defendant, at the time he made each declaration, believed each such declaration to be true or its falsity was the result of a good faith mistake or error.”; and in section 11 (as printed), in item 8000-0038, striking out [at “Q”] the figures “2,000,000” (inserted by further amendment by the Senate) and inserting in place thereof the figures “750,000”.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith.

Mr. Barrios moved that the Senate concurred in the further House amendment with a still further amendment in section 2, by inserting after the first sentence the following sentence:— “In any prosecution under this section, the falsity of a declaration set forth in the indictment or complaint shall be established sufficient for conviction by proof that the defendant, while under oath, made irreconcilably contradictory declarations material to the point in question.”
Pending the consideration of the amendment, Ms. Wilkerson and Mr. Montigny moved that the still further amendment be amended by adding the following words:— “; and in section 11 (as printed), by adding the following words:— ‘; provided, that funds appropriated in this item and not expended before July 1, 2006 shall be available for expenditure in fiscal year 2007’; and by striking out the figure ‘750,000’ (inserted by further amendment by the House) and inserting in place thereof the following figure:— ‘1,500,000’.”
The Wilkerson-Montigny amendment was considered and adopted.
The pending Barrios amendment, as amended (Wilkerson-Montigny) was then considered; and it was adopted.
Sent to the House for concurrence in the still further amendment.

Engrossed Bill.

An engrossed Bill authorizing the appointment of Francis K. Rayne as a firefighter in the town of Billerica notwithstanding the maximum age requirement (see Senate, No. 2094) (which originated in the Senate), 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.

Recess.

There being no objection, at twenty-five minutes before one o’clock P.M., the Chair (Mr. Havern) declared a recess; and at three minutes before three o’clock P.M., the Senate reassembled, Ms. Wilkerson in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill relative to elevator license examinations (see Senate, No. 2216, 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 3 to 0.
The bill was signed by the Acting President (Ms. Wilkerson) and sent to the House for enactment.

The Senate Bill reducing gang violence (Senate, No. 2242, amended),— came from the House with the endorsement that the House had concurred in the further Senate amendment with a still further amendment in section 11 (as inserted by amendment by the House and contained in House document numbered 4626), striking out the following:— “; provided that funds appropriated in this item and not expended before July 1, 2006 shall be available for expenditure in fiscal year 2007” (inserted by still still further amendment by the Senate) and inserting in place the following:— “; provided, that of the funds appropriated in this item, $500,000 shall be available for expenditure in the fiscal year 2006 and $1,000,000 for fiscal year 2007”.
Senate Rule 36 was suspended, on motion of Mr. Barrios, and the Senate concurred in the still further House amendment.

Engrossed Bill.

An engrossed Bill authorizing certain actions by the Braintree Electric Light Department Generating Project (see Senate, No. 2318) (which originated in the Senate), 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 (Ms. Wilkerson) and laid before the Governor for his approbation.

Recess.

There being no objection, at one minute past three o’clock P.M., the Chair (Ms. Wilkerson) declared a recess; and at seventeen minutes past four o’clock P.M., the Senate reassembled, Ms. Wilkerson in the Chair.

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

An engrossed Bill reducing gang violence (see Senate, No. 2242, 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 2 to 0.
The bill was signed by the Acting President (Ms. Wilkerson) 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 (Ms. Wilkerson).

Engrossed Bill.

An engrossed Bill relative to elevator license examinations (see Senate, No, 2216, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Ms. Wilkerson).

Order Adopted.

On motion of Mr. Tarr,—
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 nineteen minutes past four o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.