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 6, 2005.

Met at seven 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.

Communication.

A communication from the Board of Trustees of the Health Care Security Trust (under the provisions of Section 4(h) of Chapter 29D of the General Laws) submitting its proposed operating budget for fiscal year 2006 (Senate, No. 2081) (received Thursday, June 2, 2005),— was referred to the committee on Health Care Financing.
Sent to the House for concurrence.

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 MCI Cedar Junction (received Friday, June 3, 2005);
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 MCI Shirley Medium Security Facility (received Friday, June 3, 2005);
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 Plymouth County Correctional Facility (received Friday, June 3, 2005); 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 the North Central Correctional Institution (received Friday, June 3, 2005).

Committee Discharged.

Mr. Antonioni, for the committee on Education, reported, by asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 292) of Robert A. Antonioni, Richard T. Moore, Robert A. DeLeo, John W. Scibak and other members of the General Court for legislation to maximize federal reimbursement for special education services for children with autism,— and recommending that the same be referred to the committee on Health Care Financing.

Mr. Antonioni, for the committee on Education, reported, asking to be discharged from further consideration of the petition. (accompanied by bill, Senate, No. 319) of Robert A. Havern for legislation relative to teachers aides and teachers assistants,— and recommending that the same be referred to the committee on Public Service.
Under Senate Rule 36, the reports were considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor recommending legislation relative to reforming the Commonwealth’s automobile insurance system and providing rate relief (House, No. 4128);
To the committee on Financial Services.

Message from His Excellency the Governor recommending legislation relative to protecting the citizens of the Commonwealth from drunk drivers (House, No. 4099);
To the committee on the judiciary.

Message from His Excellency the Governor recommending legislation relative to the Firearm License Review Board (House, No. 4100);
To the committee on Public Service.

A Bill relative to the issuance of certain bonds by the town of Dracut (House, No. 3231, changed,— on petition) [Local approval received],— was read and, under Joint Rule IF, to the committee on Bonding, Capital Expenditures and State Assets.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Messrs. Brewer, Augustus, Barrios, Brown and Berry, Ms. Chandler, Mr. Creedon, Ms. Creem, Messrs. Hart, Havern, Hedlund, Joyce, Knapik, Lees, Moore, Morrissey, McGee, O’Leary and Pacheco, Ms. Spilka, Messrs. Tarr, Tisei and Tolman) “congratulating the United States Army on the occasion of their two hundred and thirtieth birthday”;
Resolutions (filed by Mr. Creedon) “congratulating Kenneth Feinburg”;
Resolutions (filed by Mr. Creedon) “congratulating Sister Christine Kleponis on the occasion of her retirement”;
Resolutions (filed by Mr. Creedon) “congratulating Sister Paulina on the occasion of her retirement”;
Resolutions (filed by Mr. Joyce) “congratulating Alex Lenard Woogmaster of Sharon upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Knapik) “honoring the Beavers Club of Western, Massachusetts”;
Resolutions (filed by Mr. Knapik) “honoring Colonel Michael R. Boulanger”;
Resolutions (filed by Mr. Knapik) “congratulating Robert K. Fowler”;
Resolutions (filed by Mr. Lees) “on the retirement of Harry J. Courniotes II, ninth president of American International College”;
Resolutions (filed by Mr. Morrissey) “congratulating Myles Angeley”; and
Resolutions (filed by Mr. Pacheco) “recognizing the Quota Club of Taunton.”

Report of a Committee.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing land use for the purpose of easements for construction and repair of a water main in the town of Holbrook (Senate, No. 2077) [Local approval received].

The bill was read. There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Morrissey presented an amendment, adding the following sentence:— “The construction, installation, maintenance and. repair of the water main, as authorized by this act, shall at all times be conducted pursuant to the terms and conditions of any permits or approvals required by law, including any obligation to restore the property.”.
The amendment was adopted.
The bill was then ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing certain easements in the town of Holbrook for construction and maintenance of a water main”.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A Bill authorizing the school department of the city of Chelsea to be open on June 17, 2005 (House, No. 3839,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that. Joint Rule 12 be suspended on the Senate petition of James R. Powell and Margaret M. Regan for legislation relative to school attendance.
Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4140) of James H. Fagan for legislation to establish a sick leave bank for Laurence Lacombe, an employee of the Taunton Division of the Trial Court of the commonwealth;
Petition (accompanied by bill, House, No. 4141) of Thomas A. Golden, Jr., and others relative to the penalties for enticing a child under the age of sixteen; and
Petition (accompanied by bill, House, No. 4143) of Kevin G. Honan relative to the recovery of certain attorney’s fees for restriction enforcement;
Severally, under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4139) of Timothy J. Toomey, Jr., and others for legislation to require certain residential buildings to be equipped with fire extinguishers;
Under suspension of Joint Rule 12, to the committee on Public Safety and Homeland Security.

Petition (accompanied by bill, House, No. 4142) of William C. Galvin relative to the retirement of clerk/magistrates, clerks of court, recorder and registers;
Under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill relative to a stabilization fund in the town of Leicester (see House, No. 3847, amended) (which originated in the House), 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 and laid before the Governor for his approbation.

Order Adopted.

On motion of Ms. Chandler,—

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

Recess.

There being no objection, at sixteen minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at five minutes before twelve o’clock noon, the Senate reassembled, Mr. Rosenberg in the Chair.

PAPER FROM THE HOUSE.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for Alexander G. Gray, Jr. an employee of the Trial Court (see Senate, No. 2054, 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 2 to 0.

The bill was signed by the Acting President 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 and laid before the Governor for his approbation.

On motion of Mr. Knapik, at two minutes past twelve o’clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.