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.

Wednesday, May 10, 2006.

Met at three minutes 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 Hampden and Hampshire, Mr. Knapik, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Mr. Rosenberg) handed the gavel to Mr. Augustus for the purpose of an introduction. Mr. Augustus introduced, seated in the gallery, members of the 5th grade class from the Union Hill School in Worcester.

Reports.

A report of the Executive Office of Transportation (pursuant to line items 6000-0100 and 6010-0001 of the General Appropriation Act for Fiscal Year 2006) submitting various reports (received Friday, May 5, 2006),— was placed on file.

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 Dukes County Jail and House of Correction (received Wednesday, May 3, 2006),— was read and sent to the House for its information.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Antonioni (by request), a petition (subject to Joint Rule 12) of David J. Saliba, Esq. for legislation relative to the valuation of real property; and
By Mr. Montigny, a petition (subject to Joint Rule 12) of Mark C. Montigny, John F. Quinn, Stephen R. Canessa and Robert M. Koczera for legislation to relate to private occupational schools;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Jehlen, for the committee on Public Service, on petition, a Bill authorizing the appointment of Lori Moniz as a reserve police officer for the city of Taunton (Senate, No. 2486) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

A Bill authorizing the town of Burlington to accept certain streets (House, No. 4486,— on Senate, No. 2253) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land to the town of Milford (see House, No. 1420, 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 (Mr. Rosenberg) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, 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.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Creedon) “on the retirement of Kirk J. O’Reilly.”

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 Senate Bill increasing the expenditure limit on revolving funds in the city of Attleboro (Senate, No. 2495),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill authorizing the town of Stoughton to establish a Massachusetts Water Resources Authority capital infrastructure fund (House, No. 4255, changed),— was read a third time and passed to be engrossed, in concurrence.

The Senate Bill relative to hunter education (Senate, No. 469),— was read a second time and was amended, on motion of Mr. Antonioni, striking out section 1 and inserting in place thereof the following section:—
“SECTION 1. Section 11 of chapter 131 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 7 to 12, the words ‘; provided, however, that any individual issued a firearm identification card under section 129B of chapter 140 or a license to carry firearms, including Class A and Class B licenses, under section 131 of said chapter 140 shall be automatically qualified to receive a sporting, hunting, fishing or trapping license.’ “.
The bill (Senate, No. 469, amended) was then ordered to a third reading.

The House Bill to clarify eligibility for health insurance for school employees (House, No. 4654),— 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 relative to inspecting and securing unsafe or abandoned buildings (Senate, No. 1370).
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.

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to judges and registers of probate (House, No. 4251, amended),— ought to pass, with amendments in section 2, in proposed section 23B, by striking out the figure “3” and inserting in place thereof the following figure: “4”; and
In section 3:

In proposed section 29, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; in proposed section 29A, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; in proposed section 29B, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; in proposed section 29C, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; in proposed section 29D, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; in proposed section 29E, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; in proposed section 29F, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:—”shall receive additional compensation”; in proposed section 29H, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; in proposed section 29J, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”; and in proposed section 29L, in the last sentence, by striking out the words “shall receive a salary” and inserting in place thereof the following words:— “shall receive additional compensation”.
The rules were suspended, on motion of Mr. Augustus, 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 Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of James E. Timilty, Richard J. Ross, Louis L. Kafka, Robert K. Coughlin and other members of the General Court for legislation to permit the Massachusetts Water Resources Authority to enter into an agreement with the town of Walpole for the use of certain land for recreational purposes.
Senate Rule 36 was suspended, on motion of Ms. Creem, and the report was considered forthwith, Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Bonding, Capital Expenditures and State Assets.

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 James E. Timilty, Pamela P. Resor, Richard T. Moore, Jennifer M. Callahan and other members of the General Court for legislation to further regulate tanning facilities.
Senate Rule 36 was suspended, on motion of Ms. Creem, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Health.

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 James E. Timilty for legislation relative to property taxes and senior citizens.
Senate Rule 36 was suspended, on motion of Ms. Creem, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.

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, Cory Atkins, James B. Eldridge, Geoffrey D. Hall and other members of the General Court for legislation to further promote Brownfields rail-trail revitalization of certain discontinued railroad rights-of-ways.
Senate Rule 36 was suspended, on motion of Ms. Creem, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.
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 Financial Services shall be granted until Monday, May 1, 2006, within which to report on all matters referred to them.
Pending the question on adoption of the order, Mr. Nuciforo presented an amendment striking out the words “Monday, May 1, 2006” and inserting in place thereof the words “Wednesday, May 17, 2006”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence in the amendment.

Engrossed Bill.

An engrossed Bill relative to the reporting of fires in schools (see Senate, No. 1381) (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. Rosenberg) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Knapik,—
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 Mr. Knapik, at twenty-three minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.