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.

Thursday, June 15, 2006.

Met according to adjournment at one o’clock P.M. (Mr. Havern in the Chair).

Petition.

Mr. Antonioni presented a petition (subject to Joint Rule 12) of Robert A. Antonioni, Stephen M. Brewer, Harriette L. Chandler and Lewis G. Evangelidis for legislation relative to the retirement of Harold Lane,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Creem, for the committee on Revenue, on Senate, Nos. 557, 657 and 2546, an Order relative to authorizing the joint committee on Revenue to make an investigation and study of certain current Senate documents numbered 557, 657 and 2546, relative to taxation (Senate, No. 2584);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5047) of John F. Quinn and Mark C. Montigny (by vote of the town) that the town of Dartmouth be authorized to borrow a certain amount of money for the payment of medical expenses of public safety personnel,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

Bills
Establishing the state pharmacy council (House, No. 2722,— on petition);
Providing for the licensing of genetic counselors (House, No. 4326,— on House, No. 3652); and
Relative to certain housing in the town of Westborough (printed in House, No. 4609,— being a message from His Excellency the Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the tax deferral agreements in the town of Princeton (House, No. 4297,— on petition) [Local approval received]; and
Relative to the historic district commission of the town of Provincetown (House, No. 4501,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

There being no objection at one minute past one o’clock P.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at twenty-two minutes before one o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

The Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer, offered the following prayer:

Almighty and Everlasting God, Who didst establish the universe upon truth and didst ordain that men could only live successfully within the objective limitations of it, help us to give Thy purposes priority. Help us to realize that bills, budgets, and laws and enactments are not ends in themselves but are the means of bringing justice, peace and prosperity to our people. Keep us mindful that our words and deeds will finally stand before the judgement of Thy Holy Will. With Thy help we shall continue to do our best that we may merit Thy everlasting benediction. Amen.

Distinguished Guest.

There being no objection, during the consideration of the Orders of the Day, the President handed the gavel to Mr. Brown for the purpose of an introduction. Mr. Brown introduced a constituent, Miss Alex Murphy of Natick, who was accompanied by her father, Mr. Dave Murphy, a member of Senator Montigny’s staff.

PAPERS FROM THE HOUSE.
Committees of Conference.

The House Bill relative to streamlining and expediting the permitting process in the Commonwealth (House, No. 4968, amended),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2566), and, had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Rodrigues of Westport, Leary of Worcester and Evangelidis of Holden had been appointed the committee on the part of the House.
On motion of Mr. Lees, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Hart, McGee and Tarr were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

The House Bill further regulating the development of underused state-owned real property and the disposition of state-owned surplus real property (House, No. 4491, amended),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2521), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Bosley of North Adams, Flynn of Bridgewater and Jones of North Reading had been appointed the committee on the part of the House.
On motion of Mr. Lees, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Montigny, Fargo and Knapik were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brown) “congratulating Justin Dion on receiving the Eagle Scout Award of the Boy Scouts of America”;
Resolutions (filed by Mr. Brown) “congratulating Michael Mosher on receiving the Eagle Scout Award of the Boy Scouts of America”;
Resolutions (filed by Messrs. Timilty and Joyce) “recognizing June 24 to be ‘Leonard Bernstein Day’ in the town of Sharon”; and
Resolutions (filed by Mr. Tisei) “honoring Cosmo Ciccarello for his dedicated public service to the town of Stoneham.”

Orders of the Day.

The Orders of the Day were considered, as follows:
The Senate Bill designating a certain bridge in the city of Waltham as the William F. Stanley bridge (Senate, No. 1903),— was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Havern, and the bill was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate bills
Requiring adequate discharge planning for nursing home residents (Senate, No. 403) (its title having been changed by the committee on Bills in the Third Reading);
Relative to clinical laboratories (Senate, No. 725);
Authorizing the commissioner of Capital Asset Management and Maintenance to convey certain land to the town of Barnstable (Senate, No. 2420); and
Relative to disabled veterans’ motor vehicle plates (Senate, No. 2428);
Were severally read a third time and passed to be engrossed, in concurrence.

The Senate Resolve to study long term care options for adult onset chronically ill, physically or neurologically disabled young and middle aged adults between ages 19 and 59 (Senate, No. 2582),— was read a third time and passed to be engrossed, in concurrence.
Sent to the House for concurrence.

The Senate Bill relative to the compensation and expenses of members of the Board of Registration in Medicine (Senate, No. 1288),— was read a third time.
After remarks, and pending the question on passing the bill to be engrossed, on motion of Mr. Lees, the further consideration thereof was postponed until Monday, June 19.

The Senate Bill relative to the retirement allowance for certain teachers (Senate, No. 2302, amended),— was read a third time.
After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at three minutes before two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 289]:

YEAS.
Antonioni, Robert A. Buoniconti, Stephen J.
Augustus, Edward M., Jr. Chandler, Harriette L.
Baddour, Steven A. Creedon, Robert S., Jr.
Barrios, Jarrett T. Creem, Cynthia Stone
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Brown, Scott P. Havern, Robert A.
Hedlund, Robert L. O’Leary, Robert A.
Jehlen, Patricia D. Pacheco, Marc R.
Joyce, Brian A. Panagiotakos, Steven C.
Knapik, Michael R. Resor, Pamela
Lees, Brian P. Spilka, Karen E.
McGee, Thomas M. Tarr, Bruce E.
Menard, Joan M. Timilty, James E.
Moore, Richard T. Tisei, Richard R.
Morrissey, Michael W. Tolman, Steven A.
Murray, Therese Tucker, Susan C.
Nuciforo, Andrea F., Jr. Walsh, Marian — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Montigny, Mark C. Wilkerson, Dianne — 3.
Rosenberg, Stanley C.  

The yeas and nays having been completed at three minutes past two o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

The House Bill allowing unsigned circulars and posters (House, No. 126) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to early education and care (House, No. 4755),— was read a third time.
After remarks, the question on passing it to be engrossed, in concurrence, was determined by a call of the yeas and nays, at eleven minutes past two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 290]:

YEAS.
Antonioni, Robert A. Buoniconti, Stephen J.
Augustus, Edward M., Jr. Chandler, Harriette L.
Baddour, Steven A. Creedon, Robert S., Jr.
Barrios, Jarrett T. Creem, Cynthia Stone
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Brown, Scott P. Havern, Robert A.
Hedlund, Robert L. Pacheco, Marc R.
Jehlen, Patricia D. Panagiotakos, Steven C.
Joyce, Brian A. Resor, Pamela
Knapik, Michael R. Spilka, Karen E.
Lees, Brian P. Tarr, Bruce E.
McGee, Thomas M. Timilty, James E.
Menard, Joan M. Tisei, Richard R.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 37.
O’Leary, Robert A.  
NAYS — 0.
ABSENT OR NOT VOTING.
Montigny, Mark C. Rosenberg, Stanley C. —2.

The yeas and nays having been completed at a quarter past two o’clock P.M., the bill was passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate.
Sent to the House for concurrence in the amendment.

The Senate Bill promoting school nutrition (Senate, No. 2373),— was considered, the question being on passing it to be engrossed.
On motion of Mr. Moore, the further consideration thereof was postponed until Thursday, June 29.

The House Bill regulating health examinations for private school children (House, No. 3637),— was considered, the question being on passing it to be engrossed.
On motion of Mr. Hart, the further consideration thereof was postponed until Thursday, June 29.

A message from His Excellency the Governor, returning, with his disapproval of certain sections contained in the engrossed Bill promoting access to affordable, quality, accountable health care (see House, No. 4479, amended) (as relates to section 112), which on Wednesday, April 5, 2006, had been laid before the Governor for his approbation,— having previously come from the House, in part, several sections having been passed by the House notwithstanding the reduction or disapproval of the Governor (for message, see House, No. 4857),— was considered; the main question being on passing section 112 notwithstanding the disapproval of His Excellency the Governor.
The motion previously moved by Mr. Lees to lay the matter on the table,— was considered; and it was negatived.
The question on passing section 112, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at seventeen minutes past two o’clock P.M., as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 291]:

YEAS.
Antonioni, Robert A. Buoniconti, Stephen J.
Augustus, Edward M., Jr. Chandler, Harriette L.
Baddour, Steven A. Creedon, Robert S., Jr.
Barrios, Jarrett T. Creem, Cynthia Stone
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Brown, Scott P. Havern, Robert A.
Hedlund, Robert L. Pacheco, Marc R.
Jehlen, Patricia D. Panagiotakos, Steven C.
Joyce, Brian A. Resor, Pamela
Knapik, Michael R. Spilka, Karen E.
Lees, Brian P. Tarr, Bruce E.
McGee, Thomas M. Timilty, James E.
Menard, Joan M. Tisei, Richard R.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 37.
O’Leary, Robert A.  
NAYS — 0.
ABSENT OR NOT VOTING.
Montigny, Mark C. Rosenberg, Stanley C. —2.

The yeas and nays having been completed at twenty minutes past two o’clock P.M., section 112, stands, in concurrence, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

The Senate Bill establishing the Martha’s Vineyard and Nantucket housing banks (Senate, No. 2555),— was considered, the main question being on passing it to be engrossed.
The pending motion, previously moved by Mr. Joyce, to lay the matter on the table,— was considered; and the bill was laid on the table.
Subsequently, Mr. O’Leary moved that the matter be taken from the table; and, under Senate Rules 24, the motion to take from the table was laid over until the next session.

Matters Taken Out of the Notice Section of the Calendar.

There being no objection, the following matters were taken out of the Notice Section of the Calendar and considered as follows:
The Senate Bill regarding the relationship between the city of Quincy and Quincy College, a municipal college and a department of the city of Quincy (Senate, No. 2523),— was read a second time and ordered to a third reading.

The House Bill extending the term of agreement between the town of Shrewsbury and the town of Westborough for the Westborough Treatment Plant (House, No. 4565),— was read a third time and passed to be engrossed, to concurrence.

PAPERS FROM THE HOUSE.

The Senate Bill relative to creditable service for certain state contract employees (Senate, No. 2462, amended),— came from the House passed to be engrossed, in concurrence with an amendment adding the following five sections:
“SECTION 2. Paragraph (e) of subdivision (2) of section 7 of said chapter 32, added by section 1 of chapter 157 of the acts of 2005, is hereby amended by adding the following sentence:— The teachers’ and state employees’ retirement systems shall be considered to have accepted this paragraph.
SECTION 3. Paragraph (b) of subdivision (2) of section 26 of chapter 32, as appearing in the 2004 Official Edition, is hereby amended by adding the following subparagraph:—
(iv) Any member retired under this subdivision who is a veteran, as defined in section 1, shall receive an additional yearly retirement allowance of $15 for each year of creditable service or fraction of a year, but the total amount of this additional yearly retirement allowance shall not exceed $300.
SECTION 4. Section 2 of chapter 157 of the acts of 2005 is hereby amended by adding the following sentence:— The teachers’ and state employees’ retirement systems shall be considered to have accepted this section.
SECTION 5. An additional yearly retirement allowance which would have been payable under section 3 of this act, if that provision had been in effect and for which a member in service would have been eligible at the time of the member’s retirement, shall be paid retroactively to the date of that veteran’s retirement. This payment shall be made in accordance with section 2 of chapter 157 of the acts of 2005.
SECTION 6. A veteran shall be eligible for payment of a retroactive additional yearly retirement allowance under this act only upon filing an application on or before October 1, 2006, in a form that the appropriate retirement board, as defined in chapter 32 of the General Laws, shall prescribe. Payment under this section shall be made in a lump sum or in installments and shall be made in full within 1 year of the retirement board’s receipt of a completed and satisfactory application. The appropriate retirement board shall provide reasonable notice to eligible retirees about the application process prescribed by this act.”.
The rules were suspended, on motion of Mr. Havern, and the House amendment was considered forthwith and adopted, in concurrence.

Emergency Preamble.

An engrossed Bill relative to HIV and Hepatitis C prevention (see House, No. 4176, 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.
Pending the question on adoption of the emergency preamble, Mr. Lees moved that the matter be laid in the table; and, under the provisions of Senate Rule 24, the further consideration thereof was laid over until the next session.

Engrossed Bill — Amended.

An engrossed Bill relative to the financing and construction of a public parking garage and other improvements in the city of Worcester (see Senate, No. 2172, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was laid before the Senate.
Pending the question on passing the bill to be enacted, on motion of Mr. Moore, Senate Rule 49 was suspended.
Mr. Augustus moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2585.
The amendment was adopted.
Sent to the House for concurrence in the amendment.

Engrossed Bills.

An engrossed Bill relative to the Cherry Valley and Rochdale Water District (see House, No. 1290, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, after remarks, was passed to be re-enacted and was signed by the President and again laid before the Governor for his approbation.

An engrossed Bill restricting certain insurance benefits for part-time elected officials of the town of Norwell (see House Bill, printed in House, No. 4386) (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, two-thirds of the members present having voted in the affirmative, and it was signed by the President and laid before the Governor for his approbation.

The following engrossed bills (all of which originated in the House), 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 President and laid before the Governor for his approbation, to wit:
Changing the membership of the town meeting of the town of Shrewsbury (see House, No. 4206);
Authorizing the town of Burlington to accept certain streets (see House, No. 4486, amended); and
Relative to the boundaries of the Cherry Valley and Rochdale Water District (see House, No. 4677).

Order — Amended.

Mr. Havern in the Chair, the Senate Order relative to authorizing the joint committee on Public Safety and Homeland Security until Thursday, June 1, 2006 within which to make its final report on Senate documents numbered 1334 and 1338,— came from the House with the endorsement that the House had amended the order as follows: striking out the date “June 1st” and inserting in place thereof the date “June 30”; and by striking out the following: “and 1338”.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, and the House amendment was considered forthwith, and adopted, in concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5058) of John H. Rogers and Marian Walsh relative to authorizing the Water Resources Authority to provide sewer service through the town of Norwood to certain property located in the town of Sharon;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 5059) of Rachel Kaprielian and Steven A. Tolman that the Teachers’ Retirement Board be authorized to grant creditable service to Keward Kazanjian; and
Petition (accompanied by bill, House, No. 5060) of Rachel Kaprielian and Steven A. Tolman relative to increasing retirement allowances for certain public employees retired on account of superannuation;
Severally, under suspension of Joint Rule 12, to the committee on Public Service.

Committee of Conference Report.

A report of the committee of conference of the disagreeing votes of the two branches, with reference to the Senate amendments to the House Bill making appropriations for the fiscal year 2006 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4443) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2291), reported, in part, a Bill making appropriations for the fiscal year 2006 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5056),— came from the House, and was read.
The rules were suspended, on motion of Ms. Murray, and the report was considered forthwith.
After remarks, the question on acceptance of the report of the committee of conference was determined by a call of the yeas and nays, at eighteen minutes before three o’clock P.M., on motion of Ms. Murray, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 292]:

YEAS.
Antonioni, Robert A. Buoniconti, Stephen J.
Augustus, Edward M., Jr. Chandler, Harriette L.
Baddour, Steven A. Creedon, Robert S., Jr.
Barrios, Jarrett T. Creem, Cynthia Stone
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Brown, Scott P. Havern, Robert A.
Hedlund, Robert L. Pacheco, Marc R.
Jehlen, Patricia D. Panagiotakos, Steven C.
Joyce, Brian A. Resor, Pamela
Knapik, Michael R. Spilka, Karen E.
Lees, Brian P. Tarr, Bruce E.
McGee, Thomas M. Timilty, James E.
Menard, Joan M. Tisei, Richard R.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 37.
O’Leary, Robert A.  
NAYS — 0.
ABSENT OR NOT VOTING.
Montigny, Mark C. Rosenberg, Stanley C. —2.

The yeas and nays having been completed at fourteen minutes before three o’clock P.M., the report was accepted, in concurrence.

Communication.

The Clerck read the following communication:

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

Mr. William F. Welch
Clerk of the Massachusetts Senate
State House, Room 335
Boston, MA 02133

June 15, 2006.

Dear Mr. Clerk:
On Wednesday June 7, I was out of state on a previously scheduled engagement. Therefore, I was unable to be present in the Senate Chamber for the roll call votes on the following matters:
The first matter was on engrossment of House Bill 4176, An Act Relative to HIV and Hepatitis C Prevention. Had I been present, I would have voted in the negative.
The second matter was on enacting Senate Bill 1930, An Act Establishing the Purple Heart Highway. Had I been present, I would have voted in the affirmative.
I respectfully request that a copy of this communication be printed in today’s Senate Journal. Thank you for your attention to this matter.

Sincerely,
SCOTT P. BROWN,
State Senator.

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

Recess.

There being no objection, at thirteen minutes before three o’clock P.M., at the request of Mr. Lees, for the purpose of a minority caucus, the Chair (Mr. Havern) declared a recess; and, at twenty-seven minutes past three o’clock P.M., the Senate reassembled, Mr. Havern in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.
Committee of Conference Report.

A report of the committee of conference of the disagreeing votes of the two branches, with reference to the Senate amendments to the House Bill relative to economic investments to promote job creation, economic stability, and competitiveness in the Massachusetts economy (House, No. 4429) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2264; striking out the emergency preamble:

“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make forthwith supplemental appropriations for the costs for certain spending, public investment, and bonded debt of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and striking out the title and inserting in place thereof the following title: “An Act establishing a Commonwealth investment program”.), reported, in part, a Bill relative to economic investments to promote job creation, economic stability, and competitiveness in the Massachusetts economy” (House, No. 5057),— came from the House, and was read.
The rules were suspended, on motion of Mr. Tisei, and the report was considered forthwith and accepted, in concurrence.

Engrossed Bills.

The following engrossed bills (both 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. Havern) and laid before the Governor for his approbation, to wit:
Authorizing the town of Russell to borrow money for the upgrade and extension of the town’s community cable television system (see Senate, No. 2243); and
Increasing the expenditure limit on revolving funds in the city of Attleboro (see Senate, No. 2495).

Recess.

There being no objection, at twenty-eight minutes past three o’clock P.M., the Chair (Mr. Hart) declared a recess subject to the call of the Chair; and, at twenty minutes before five o’clock P.M., the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adapted.

An engrossed Bill relative to economic investments in the Commonwealth to promote job creation, economic stability, and competitiveness in the Massachusetts economy (see House, No. 5057), 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 5 to 0.
The bill was signed by the President and sent to the House for enactment.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill making appropriations for the fiscal year 2006 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5056), 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 5 to 0.
The bill was signed by the President 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 President.

Engrossed Bill — State Loan.

An engrossed Bill relative to economic investments in the Commonwealth to promote job creation, economic stability, and competitiveness in the Massachusetts economy (see House, No. 5057) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was put upon its final passage; and, after remarks, this being a bill providing for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at a quarter past five o’clock P.M., as follows, to wit (yeas 35 — nays 1) [Yeas and Nays No. 293]:

YEAS.
Antonioni, Robert A. Buoniconti, Stephen J.
Augustus, Edward M., Jr. Chandler, Harriette L.
Baddour, Steven A. Creedon, Robert S., Jr.
Barrios, Jarrett T. Creem, Cynthia Stone
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Brown, Scott P. Havern, Robert A.
Jehlen, Patricia D. Pacheco, Marc R.
Joyce, Brian A. Panagiotakos, Steven C.
Knapik, Michael R. Resor, Pamela
Lees, Brian P. Spilka, Karen E.
McGee, Thomas M. Tarr, Bruce E.
Menard, Joan M. Timilty, James E.
Moore, Richard T. Tisei, Richard R.
Morrissey, Michael W. Tolman, Steven A.
Murray, Therese Tucker, Susan C.
Nuciforo, Andrea F., Jr. Walsh, Marian— 35.
O’Leary, Robert A.  
NAYS.
Hedlund, Robert L. — 1.
ABSENT OR NOT VOTING.
Montigny, Mark C. Wilkerson, Dianne —3.
Rosenberg, Stanley C.  

The yeas and nays having been completed at eighteen minutes past five o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President.

Moment of Silence.

The President, the members, guests and employees stood in a moment of silence and reflection to the memory of Trooper Paul Barry, of the Massachusetts State Police. Trooper Barry passed away this morning from injuries suffered in an accident on Route 495 in Wrentham. He was a resident of Franklin and leaves a widow and seven children.

Order Adopted.

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

Adjournment in Memory of Trooper Paul Barry.

The Senator from Suffolk and Middlesex Mr. Travaglini, along with the entire Senate, presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of Trooper Paul Barry, of the Massachusetts State Police.

Trooper Barry passed away this morning from injuries suffered in an accident yesterday on Route 495 in Wrentham. He was a resident of Franklin and leaves a widow and seven children.

Accordingly, as a mark of respect to the memory of Trooper Paul Barry, at twenty minutes past five o’clock P.M., on motion of Mr. Lees, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.