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, May 1, 2006.

Met at three minutes past eleven o’clock A.M. (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).

The Chair (Ms. Wilkerson), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Buoniconti (by request), a petition (subject to Joint Rule 12) of Thomas Mitchell for legislation relative to nonconforming structures; and
By Mr. Tisei, a petition (subject to Joint Rule 12) of Richard R. Tisei, Bradley H. Jones, Jr., Thomas M. McGee and Mark V. Falzone for legislation to authorize the towns of Saugus, Wakefield, Lynnfield, and the Division of Capital Asset Management to convey certain easements to Tennessee Gas Pipeline Company;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee on Proposals for Legislative Amendments to the Constitution.

Under the provisions of Joint Rule 23, the following proposals were placed on file, the time within which the said committee was required to report having expired:—
Of the committee on the Judiciary, ought NOT to pass (under Joint Rule 23):
On the Initiative petition Raymond L. Flynn, Sr., and others for an Initiative amendment to the Constitution to define marriage (accompanied by proposal, House, No. 4617); and
On the petition (accompanied by proposal, House, No. 4604) of Bradley H. Jones, Jr., and others for legislative amendment to the Constitution prohibiting eminent domain takings for the purpose of economic development.

Report of a Committee.

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 relative to hunter education (Senate, No. 469).

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 Service to make an investigation and study of certain current Senate documents relative to public service (Senate, No. 2498),— 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.

Mr. Buoniconti, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Election Laws to make an investigation and study of certain current Senate documents relative to matters dealing with elections (Senate, No. 2455), reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 440) of Scott P. Brown, Brian P. Lees, Richard R. Tisei, Michael R. Knapik and Richard J. Ross relative to campaign finance,— and recommending that the same be recommitted to the committee on Election Laws.
Under Senate Rule 36, the report was considered forthwith and accepted.

Papers from the House.

A Bill designating a bridge in the city of Amesbury as the First Lieutenant Derek S. Hines Memorial Bridge (House, No. 4803,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the charter of the town of Truro (House, No. 4104,— on petition) [Local approval received]; and
Relative to the membership of the town meeting of the town of Shrewsbury (House, No. 4206,— on petition) [Local approval received];
Were severally 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 Mr. Brewer) “commending Ronald Reed on his 28 years of outstanding service to the town of Ashburnham”;
Resolutions (filed by Mr. Knapik) “in honor of the one hundredth anniversary of the Mater Dolorosa School”;
Resolutions (filed by Ms. Resor) “celebrating National Nurses Week”; and
Resolutions (filed by Ms. Spilka, Mr. Brown, Ms. Creem and Mr. Montigny) “commending Temple Beth Am of Framingham on the occasion of its fiftieth anniversary.”

Papers from the House.
Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill further regulating meetings of municipal boards (see House, No. 4489, amended) [for message, see House No. 4716],— came from the House with endorsement that the House adopted the amendment recommended by the Governor (as approved by committee on Bills in the Third Reading), as follows:
By striking out all after the enacting clause and inserting in place thereof the following:
“Chapter 39 of the General Laws is hereby amended by inserting after section 23C the following section:—
Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.
(b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.”
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Ms. Chandler, and the amendment considered forthwith and adopted, in concurrence (as corrected BTR).
Sent to the House for re-enactment.

Engrossed Bill.

An engrossed Bill relative to health insurance coverage for paid elected officials in the town of Sandwich (see Senate, No. 2300) (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.

A petition (accompanied by bill, House, No. 4921) of James M. Murphy and others for legislation to designate a certain portion of the Webb Memorial State Park in the town of Weymouth as the Robert B. Ambler Walkway,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

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 committee on Environment, Natural Resources and Agriculture be granted until Wednesday, May 10, 2006, within which to make its final report on current House document numbered 1397.

Order — Amended.

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 Environment, Natural Resources and Agriculture shall be granted until Monday, April 24, 2006 within which to report on current House document numbered 1357.
Pending the question on adoption of the order, Ms. Resor presented an amendment striking out the words “Monday, April 24, 2006” and inserting in place thereof the words “Friday, May 5, 2006”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence in the amendment.

Recess.

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

Order Adopted.

On motion of Ms. Fargo,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. Tarr, at twenty-one minutes before one o’clock P.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.