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.


Seal of the Commonwealth of Massachusetts


Monday, May 15, 2006.

Met at two 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 the pledge of allegiance to the flag.


A report of the Barnstable County Registry 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 plan 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 and the Joint Committee on Economic Development and Emerging Technologies) (received Wednesday, May 10, 2006),— was placed on file.


The following communication from His Excellency the Governor relative to state-owned surplus land conveyances (received Monday, May 15, 2006),— was placed on file:

May 12, 2006.

To the Honorable Senate and House of Representatives:

Today I approved House Bill No. 1420, “An Act Authorizing the Division of Capital Asset Management and Maintenance to Convey Certain Land to the Town of Milford.”
This bill is parallel in substance to three earlier bills (Chapter 158 of the Acts of 2004, Chapter 183 of the Acts of 2004 and Chapter 67 of the Acts of 2006) authorizing the transfer of surplus state-owned armories to municipalities for nominal consideration. My approval of these earlier measures was predicated on the fact that the host communities had donated the land to the Commonwealth for the construction of the armory or made some other significant contribution to the facility. Likewise, special circumstances are present here: in acquiring a large, previously private site in Milford, the Commonwealth caused a significant reduction in the Town’s property tax base.
My approval of House Bill No. 1420 should not be interpreted as my endorsement of an unrestricted policy of conveying state-owned surplus land to cities and towns for nominal consideration.

Respectfully submitted,


Mr. Moore presented a petition (subject to Joint Rule 12) of Richard T. Moore, Todd M. Smola and Stephen M. Brewer for legislation to revise the composition and duties of the Quinebaug and Shetucket Rivers Valley Heritage District and Commission,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Mr. Nuciforo, for the committee on Financial Services, ought NOT to pass:
On the petition (accompanied by bill, Senate, No. 258) of Harriette L. Chandler, Jay R. Kaufman, Cynthia Stone Creem, Jarrett T. Barrios and other members of the General Court for legislation relative to genetic testing results;
On the petition (accompanied by bill, Senate, No. 572) of Robert S. Creedon, Jr. for legislation to call for the accountability of the Commissioner of Insurance by converting the position to an elected office;
On the petition (accompanied by bill, Senate, No. 574) of Robert S. Creedon, Jr. for legislation relative to long term care insurance;
On the petition (accompanied by bill, Senate, No. 585) of Robert A. Havern for legislation to clarify certain separate accounts;
On the petition (accompanied by bill, Senate, No. 591) of Michael R. Knapik, Richard T. Moore, Donald F. Humason, Jr., Brian P. Lees and other members of the General Court for legislation relative to managed care contracts with home health agencies;
On the petition (accompanied by bill, Senate, No. 605) of Richard T. Moore, Edward G. Connolly and Joyce A. Spiliotis for legislation relative to disability insurance;
On the petition (accompanied by bill, Senate, No. 638) of Charles E. Shannon for legislation to require the election of the Commissioner of Insurance;
On the petition (accompanied by bill, Senate, No. 640) of Charles E. Shannon and James B. Eldridge for legislation to regulate medical malpractice insurance providers;
On the petition (accompanied by bill, Senate, No. 641) of Charles E. Shannon, James B. Leary, Patricia D. Jehlen, Edward G. Connolly and other members of the General Court for legislation relative to banking fees; and
On the petition (accompanied by bill, Senate, No. 642) of Charles E. Shannon, James B. Leary, Patricia D. Jehlen, David P. Linsky and other members of the General Court for legislation relative to human teller fees;
Severally referred, under Senate Rule 36, to the committee on Ethics and Rules.

Committee Discharged.

Mr. Moore, for the committee on Health Care Financing, reported, asking to be discharged from further consideration
Of the Senate Bill relative to funding for school health programs (Senate, No. 110); and
Of the Senate Bill to provide for reimbursement of human service providers for increases in minimum wage rates (Senate, No. 694);
And recommending that the same severally be referred to the Senate 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.


A Bill establishing a sick leave bank for a certain employee of the Trial Court (House, No. 4834,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the rights of school nurses (House, No. 1087,— on House, Nos. 1021, 1087 and 3876),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Authorizing the town of Shrewsbury to lease certain land (House, No. 4205,— on petition) [Local approval received];
Exempting the school custodian in the town of Hull from the civil service law (House, No. 4208,— on petition) [Local approval received];
Extending the term of agreement between the town of Shrewsbury and the town of Westborough for the Westborough Treatment Plant (House, No. 4565,— on petition) [Local approval received];
Relative to certain conservation restrictions in the town of Edgartown (House, No. 4570,— on petition) [Local approval received]; and
Abolishing the library district in the towns of Mendon and Upton (House, No. 4681,— on petition);
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Menard) “congratulating Saint Stanislaus Catholic School on the occasion of its one hundredth anniversary”;
Resolutions (filed by Mr. Montigny and Ms. Menard) “congratulating Claire Ann Thibodeau on her retirement as an educator in the New Bedford public school system”;
Resolutions (filed by Mr. Morrissey) “congratulating the American Legion, Department of Massachusetts, Houghs Neck Post 380 on its fiftieth anniversary”;
Resolutions (filed by Mr. Murray) “congratulating Barbara Gomez on the occasion of her retirement”;
Resolutions (filed by Mr. Pacheco) “congratulating Andrew John Medico on his Eagle Scout Award”; and
Resolutions (filed by Mr. Timilty) “welcoming and commending Jaclyn Wilton-Martindale.”


The Clerk read the following communication:


May 11, 2006.

Mr. William Welch, Senate Clerk
Massachusetts State Senate
State House, Room 334
Boston, MA 02133

Dear Mr. Clerk:
Due to a long standing scheduling conflict, I was unable to attend a portion of the May 11th formal session and I was therefore unable to be present for two roll call votes taken on the following bills:
1. House Bill: #4552: An Act Protecting the Rights of Target Shooters.
2. Senate Bill: #469: An Act Relative to Hunter Education.
Had I been present, I would have voted in the affirmative on both of these matters. I respectfully request this correspondence be read into the record at the next Session. Thank you for you assistance in this matter.

First Middlesex District.

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

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 authorizing the Martha’s Vineyard Regional High School District to lease certain land (House, No. 4574),— was read a second time.
Pending the question on ordering the bill to a third reading, Mr. O’Leary presented an amendment in section 3, by inserting after the first sentence the following .sentence:— “The lease shall include provisions to ensure community accessibility, in a manner consistent with the YMCA’s status as a public charity.”.

The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Engrossed Bill.

An engrossed Bill relative to the licensure of massage therapists (see Senate, No. 2258, 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 enacted and was signed by the Acting President (Mr. Rosenberg) and laid before the Governor for his approbation.


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:
Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Tourism, Arts and Cultural Development shall be granted until Thursday, June 1, 2006, within which to report on Senate document numbered 2484.

Order Adopted.

Ms. Murray presented the following order, to wit:
Ordered, That notwithstanding Senate Rule 7, Rule 27A, or any other rule to the contrary:
(1) The general appropriation bill as reported by the committee on Ways and Means shall be placed in the Orders of the Day for Wednesday, May 4, 2006, for its second reading.
(2) All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate by 5:00 p.m. on Friday, May 19, 2006. All such amendments shall be second-reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.
(3) After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the committee on Bills in the Third Reading.
(4) All other provisions of Rule 27A and of other rules shall continue to apply.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Buoniconti, for the said committee, reported that the order ought to be adopted.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the order was considered forthwith and adopted.


The engrossed Bill extending eligibility for health insurance for school employees Industrial park and Development Corporation (see House, No. 4654),— came from the House, amended as follows:
Inserting before the enacting clause the following emergency preamble:-
“Whereas, The deferred operation of this act would tend to defeat its purpose which is to provide forthwith health insurance for certain school employees, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
The rules were suspended, on motion of Ms. Chandler, and the House amendment was considered forthwith and adopted, in concurrence.

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 Ms. Chandler, at seventeen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.