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, June 5, 2006.

Met at four minutes past eleven o’clock A.M. (Mr. Barrios 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. Barrios), members, guests and employees then recited the pledge of allegiance to the flag.

Report.

A report of the Massachusetts Life insurance Community Investment Initiative (pursuant to Section 2(e) of Chapter 259 of the Acts of 1998) submitting its annual report for the year 2005 (received Thursday, June 1, 2006),— was placed on file.

Petition.

Mr. Montigny presented a petition (subject to Joint Rule 12) of Mark C. Montigny and John F. Quinn for legislation to direct the state retirement to grant creditable service to Michael Ryan,— and the same was referred, 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
Requiring the Division of Medical Assistance to provide reimbursement for home health agencies for the costs associated with criminal background screening (Senate, No. 407) [Estimated cost — $500,000];
To increase the personal care allowance for residents of long term care facilities (Senate, No. 421) [Estimated cost — $5,300,000]; and
Relative to patient and physician safety and protection (Senate, No. 1263) [Estimated cost — $145,000];
Severally ought to pass.
Severally 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 ensure consumer choice of nurse practitioner services (Senate, No. 1248);
Relative to a board of registration in midwifery (Senate, No. 1269); and
Providing for the proper prevention of influenza in health care workers (Senate, No. 2395);
Severally ought to pass.
Severally referred, under Senate Rule 26, to the committee on Ethics and Rules.

By Mr. Moore, for the committee on Health Care Financing, on Senate, Nos. 405, 411, 1273, 1280, 1283, 1286, 1296, 1316, 1382 and 2434, an Order relative to authorizing the joint committee on Health Care Financing to make an investigation and study of certain current Senate documents relative to health care (Senate, No. 2572);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Barrios, for the committee on Public Safety and Homeland Security, on petition (accompanied by bill, Senate, No. 1334), a Bill facilitating the formation of a state-wide mutual aid agreement for public works and public health agencies (Senate, No. 2570);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

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 House Bill relative to the boundaries of the Cherry Valley and Rochdale Water District (House, No. 4677).

Committee Discharged.

Mr. Buoniconti, for the committee on Ethics and Rules, to whom was referred 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), reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate No. 2184) of Brian A. Joyce, Joseph R. Driscoll, Walter F. Timilty and Bruce J. Ayers relative to the town of Randolph,— and recommending that the same be recommitted to the committee on Municipalities and Regional Government.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Moore, for the committee on Health Care Financing, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 517) of Richard T. Moore, Bruce E. Tarr and Edward G. Connolly for legislation to protect the public health by reforming the Commonwealth’s medical waste law,— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4993) of Anthony J. Verga and Bruce B. Tarr (with the approval of the mayor and city council) for legislation to extend the date for certain subdivisions of land in the city of Gloucester,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brewer) “congratulating Peggy Anderson on the occasion of her retirement from the Quabbin School District.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSHCHUSETTS
SENATE MAJORITY LEADER
STATE HOUSE, BOSTON 02133-1053

June 2, 2006.

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

Dear Mr. Clerk:

Due to a recent medical procedure I was unable to attend the Senate session on June 1, 2006. Had I been present, I would have voted against the motion to lay House Bill, No. 4176 on the table and in favor of the following items:
House Bill, No. 1087, Senator Hart’s amendment #2 relative to House Bill, No. 4176, Senator Tarr’s amendment also relative to House Bill, No. 4176, and the override of Governor Romney’s veto of House Bill, 4376.
I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for June 1, 2006. Thank you in advance for your attention to this important matter.

Sincerely,
FREDERICK E. BERRY,
Majority Leader.

On motion of Mr. McGee, 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 recommitted House Bill further regulating the compensation of the commission members of the Greater Lawrence Sanitary District (House, No. 4138),— was considered, the main question being on passing it to be engrossed.

Ms. Tucker presented an amendment adding the following section:—
“SECTION 2. This act shall take effect as of January 1, 2006.”
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the Acting President (Mr. Barrios) and laid before the Governor for his approbation, to wit:
Authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey and acquire certain parcels of land in the town of Bridgewater (see Senate, No. 2511); and
Authorizing the town of Stoughton to establish a Massachusetts Water Resources Authority capital infrastructure fund (see House, No. 4255, changed).

Petitions.

On motion of Ms. Chandler, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Morrissey, (accompanied by bill) of Michael W. Morrissey and Cleon H. Turner for legislation relative to creditable service for school business administrators,— and the name was referred to the committee on Public Service.
Sent to the House for concurrence.

On motion of Ms. Resor, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Morrissey, (accompanied by bill) of Michael W. Morrissey for legislation relative to the creation of an alternative energy portfolio standard,— and the same was referred to the committee on Telecommunications, Utilities and Energy.
Sent to the House for concurrence.

On motion of Mr. Knapik, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Morrissey (accompanied by bill) of Michael W. Morrissey for legislation to promote electric generation via renewable resources,— and the same was referred to the committee on Telecommunications, Utilities and Energy.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5010) of Garrett J. Bradley and Robert L. Hedlund (by vote of the town) for legislation to authorize the Water Resources Authority to supply sewer services to certain property in the town of Hingham;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 5009) of Eric Turkington and others relative to the penalties for persons convicted of assaults in dwellings;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 5011) of Ronald Mariano that the State Board of Retirement be directed to grant certain credit to Maxon L. Goudy for services rendered as an employee of the Registry of Motor Vehicles;
Under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

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

On motion of Ms. Chandler, at thirteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.