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, April 20, 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 Essex and Middlesex, Mr. Tarr, then 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 sent to the House for its information:
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 Norfolk County Correctional Center and Dedham Alternative Center (received Friday, April 14, 2006);
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 Berkshire County House of Correction and Jail (received Friday, April 14, 2006); and
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 MCI Concord (received Tuesday, April 18, 2006).

Petitions.

Petitions were presented and referred, as follows:
By Mr. Augustus, a petition (subject to Joint Rule 12) of Edward M. Augustus, Jr. for legislation to provide consumers with increased access to renewable energy resources; and
By Mr. O’Leary, a petition (subject to Joint Rule 12) of Robert A. O’Leary for legislation to establish a sick leave bank for Shelley Nunes, an employee of the Barnstable District Court;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Buoniconti, for the committee on Senate Ethics and Rules, that the Senate Resolve providing for a study of long-term custodial care options for cognitively intact, physically disabled young and middle-aged adults between the ages 19 and 59 (Senate, No. 2145),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Moore, for the committee on Health Care Financing, that the Senate bills
To increase participation in children’s health insurance programs (Senate, No. 72, changed) [Estimated cost – over $100,000]; and
To ensure adequate adult day health services (Senate, No. 1141),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2494) [Estimated cost – $5,000,000];
Severally referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on petition, a Bill authorizing the commissioner of Capital Asset Management and Maintenance to convey certain land to the town of Barnstable (Senate, No. 2420); and
By Mr. Moore, for the committee on Health Care Financing, on Senate, Nos. 726 and 742, a Bill providing medical interpreter services in physician offices (Senate, No. 742);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

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 Public Health to make an investigation and study of Senate document numbered 2424, relative to public health (Senate, No. 2493),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4842) of Joan M. Menard (by vote of the town) that the town of Somerset be authorized to lease and grant easements in certain land to Dominion Energy Brayton Point, LLC,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Augustus) “congratulating the Shrewsbury High School Lady Colonials on their 2006 Massachusetts Interscholastic Athletic Association State Alpine Skiing Championship”;
Resolutions (filed by Mr. Joyce, Ms. Tucker and Mr. Tarr) “recognizing the observance of North American Occupational Safety and Health Week”;
Resolutions (filed by Mr. Lees) “recognizing the Benevolent and Protective Order of Elks National ‘Hoop Shoot’ Free Throw Contest”;
Resolutions (filed by Mr. McGee and Ms. Walsh) “on the one hundredth anniversary of Michael the Archangel Parish in Lynn, Massachusetts”;
Resolutions (filed by Mr. Panagiotakos) “congratulating Paul Kalkstein on his retirement after 40 years of teaching”;
Resolutions (filed by Mr. Rosenberg) “commending Taiwan on its contributions to promote world health”;
Resolutions (filed by Ms. Spilka) “congratulating William ‘Dave’ Lambirth on being honored as Medway’s Citizen of the Year”; and
Resolutions (filed by Ms. Wilkerson) “commending Dr. Randall Pinkett.”

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

An engrossed Bill establishing a sick leave bank for Denise Gamache, an employee of the Department of Revenue (see Senate, No. 2248, 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.

Reconsideration.

Ms. Tucker moved that the Senate reconsider the vote by which, at the previous session, it had passed to be engrossed in concurrence, the House Bill further regulating the compensation of the commission members of the Greater Lawrence Sanitary District (House, No. 4138).
The motion prevailed.
Pending the recurring question on passing the bill to be engrossed, on further motion of Ms. Tucker, the bill was recommitted to the committee on Bills in the Third Reading.

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 established voting districts in the town of Lee (House, No. 4536) (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.

PAPER FROM THE HOUSE.
Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to amending the law establishing the Northern Berkshire Industrial Park and Development Corporation (see House, No. 4376) [for message, see House, No. 4698],— came from the House with endorsement that the House adopted the amendment as approved by the committee on Bills in the Third Reading and further amended:

By striking out section 1 and inserting in place thereof the following 2 sections:

“SECTION 1. Section 1 of chapter 758 of the acts of 1985 is hereby amended by striking out the definition of ‘Department’ and inserting in place thereof the following definition:—
‘Department’, the department of housing and community development.

SECTION 1A. The definition of ‘Economic development area’ of said section 1 of said chapter 758, is hereby amended by striking out, in line 1, the words ‘any blighted, or any’ and inserting in place thereof the following words:— a blighted open area, substandard area or.”; by inserting after section 2 the following section:

“SECTION 2A. Said section 1 of said chapter 758 is hereby further amended by striking out the definition of ‘Secretary’ and inserting in place thereof the following definition:—
‘Secretary’, the director of housing and community development.”; in section 3, by striking out the fourth sentence and inserting in place thereof the following sentence: “Upon their appointment the 3 members shall nominate for appointment by the governor 6 additional members, of whom at least 2 shall reside in Hancock, New Ashford, Cheshire, Florida, Clarksburg or Savoy.”
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was laid before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Mr. Joyce, and the House amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

Report 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 Stephen M. Brewer for legislation relative to veteran’s benefits for surviving spouses.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Veterans and Federal Affairs.
Sent to the House for concurrence.

Orders Adopted.

Mr. Barrios offered the following order:
Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Public Safety and Homeland Security be granted until May 14, 2006 within which to make its final report on current Senate documents numbered 1334 and 1338, relative to public safety.
Under the rules, referred to the committees on Rules of the two Branches, acting concurrently.
Subsequently, Mr. Buoniconti, for the 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. Montigny offered the following order:—
Ordered, That notwithstanding the provisions of Joint Rule 10, the Joint Committee on Bonding, Capital Expenditures and State Assets be granted until Thursday, May 11, 2006, within which to make its final report on current Senate documents numbered 2421 and 2344.
Under the rules, referred to the committees on Rules of the two Branches, acting concurrently.
Subsequently, Mr. Buoniconti, for the 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.

PAPER FROM THE HOUSE.
Order.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows:
Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Mental Health and Substance Abuse shall be granted until Friday, May 26, 2006, within which to report on House document numbered 4772.
The order was adopted, in concurrence.

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 seventeen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.