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.

Tuesday, June 6, 2006.

Met at six 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 Ms. Creem, a petition (subject to Joint Rule 12) of Cynthia S. Creem and Frank I. Smizik for legislation for birth certificates of certain adopted children; and
By Mr. Rosenberg, a petition (subject to Joint Rule 12) of Stanley C. Rosenberg and Denis E. Guyer for legislation to establish appointed positions of district clerk and district treasurer for the Bernardston fire and water district;
Severally, 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
Establishing a biological agent registry in the Commonwealth (Senate, No. 1239),— ought to pass, with an amendment, in section 2 by striking the words “the co-chairs of the joint committee on health care:” in lines eighty-nine and ninety; (Estimated cost – less than $100,000.00); and
Studying the health effects of toxic mold (Senate, No. 1311),— ought to pass, with an amendment, in section 3 by striking the number “6” in line 5 and inserting in place thereof the number “12”; (Estimated cost – less than $100,000.00);
Severally referred, under Senate Rule 26, to the committee on Ethics and Rules.

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 designating a certain bridge in the city of Waltham as the William F. Stanley bridge (Senate, No. 1903).

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 Health Care Financing to make an investigation and study of certain current Senate documents relative to health care (Senate, No. 2572),— 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.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4693) of David M. Torrisi and others (by vote of the town) that the town of North Andover be authorized to hold a license for the sale of alcoholic beverages to be consumed on the premises of the Stevens Estate,— was referred, in concurrence, to the committee on Consumer Protection and Professional Licensure.

A Bill clarifying the enforcement of fence viewers’ rulings (House, No. 4749,— on House, No. 3572),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brewer) “honoring Susan Brown”;
Resolutions (filed by Mr. Brewer) “honoring Susan W. Bussell”;
Resolutions (filed by Mr. Brewer) “honoring Patricia E. Carbone”;
Resolutions (filed by Mr. Brewer) “honoring Michael Glabicky”;
Resolutions (filed by Mr. Brewer) “honoring Michael Marciniec”;
Resolutions (filed by Mr. Brewer) “honoring Charlotte A. Swienton”;
Resolutions (filed by Mr. Brewer) “honoring Judith M. Thurston”; and
Resolutions (filed by Mr. Tolman) “honoring Captain Mary E. Landry, USCG.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

June 5, 2006.

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

Dear Mr. Clerk:

Due to the wedding of my daughter, I was unable to attend the June 1st formal session and I was therefore unable to be present for two roll call votes taken on the following:
1. House 1087: “An Act to Provide Tenure for School Nurses”.
2. Governor’s Veto of House 4376: “Changes in the Organization and Operation of Northern Berkshire Industrial Park and Development Corporation”.
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.

Sincerely,
ROBERT S. CREEDON, JR.
Second Plymouth & Bristol.

On motion of Ms. Jehlen, the above communication was ordered printed in the Journal of the Senate.

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 certain musical performances and the protection of performing groups (Senate, No. 2530).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and ordered to a third reading.

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Michael Abdow, an employee of the Trial Court (see House, No. 4834), 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 4 to 0.
The bill was signed by the Acting President (Ms. Wilkerson) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Debra A. Flagg, an employee of the Department of Mental Retardation (see House, No. 4915), 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 4 to 0.
The bill was signed by the Acting President (Ms. Wilkerson) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill designating a bridge in the city of Amesbury as the First Lieutenant Derek S. Hines Memorial Bridge (see House, No. 4803) (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 (Ms. Wilkerson) and laid before the Governor for his approbation.

Order Adopted.

Ms. Jehlen offered the following order, to wit:
Ordered, That all amendments to the House Bill relative to HIV and Hepatitis C prevention (House, No. 4176, amended), having been released by the committee on Bills in the Third Reading for consideration in the calendar for Wednesday, June 7, 2006, be filed in the office of the Clerk of the Senate, in electronic form, no later than 11:00 A.M. on Wednesday, June 7, 2006.
There being no objection, the order was considered forthwith and adopted.

PAPER FROM THE HOUSE.
A petition (accompanied by bill, House, No. 5020) of David M. Torrisi and others that the Teachers’ Retirement Board be directed to grant certain creditable service to Ann Low, as an elected member of the school committee of the town of North Andover,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

On motion of Mr. Moore,—
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. Tarr, at twelve minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.