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 26, 2006.

Met at two 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.

Report.

A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the condition of the Unemployment Insurance Trust Fund for the month of May 2006 (received Thursday, June 22, 2006),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Tarr, a petition (subject to Joint Rule 12) of Bruce E. Tarr, Brian P. Lees, Richard R. Tisei, Scott P. Brown and others for legislation to promote fair employment and security; and
By the same Senator (by request), a petition (subject to Joint Rule 12) of Elaine Bowdridge for legislation relative to tax laws;
Severally, under Senate, Rule 20, to the committees on Rules of the two branches, acting concurrently.

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 House Bill clarifying the enforcement of fence viewers’ rulings (House, No. 4749).

Committees Discharged.

Mr. Buoniconti, for the committee 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 Education to make an investigation and study of certain current Senate documents relative to education (Senate, No. 2596),— 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 Bill further regulating the provision of electricity and other services in the Commonwealth (House, No. 4031,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill authorizing the Massachusetts Water Resources Authority to supply sewer services to certain property in the town of Hingham (House, No. 5010,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:
The Senate Bill relative to Quincy College (Senate, No. 2523) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to lending limits (Senate, No. 2540),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Moore and Augustus) “congratulating the Blackstone Valley Regional Vocational Technical School ‘Beavers’ Varsity Girls Softball Team.”

Reports of Committees.

By Mr. Buoniconti, for the committee on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Cynthia S. Creem and Frank I. Smizik for legislation relative to birth certificates of certain adopted children.
Senate Rule 36 was suspended, on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Children and Families.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5111) of Jeffrey Sánchez relative to economic development in the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Economic Development and Emerging Technologies.

Recess.

There being no objection, at eight minutes past eleven o’clock A.M., the Chair (Ms. Wilkerson) declared a recess subject to the call of the Chair; and, at twenty-four minutes before two o’clock P.M., the Senate reassembled, Ms. Wilkerson in the Chair.

PAPERS FROM THE HOUSE.

A Bill making certain appropriations for the fiscal year ending June 30, 2007, prior to final action on the General Appropriation Bill for said fiscal year (House, No. 5068,— being a message from His Excellency the Governor).
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act making certain appropriations for the fiscal year ending June 30, 2007 before final action on the general appropriation bill for that fiscal year”.

A petition (accompanied by bill, House, No. 0000) of Brian P. Wallace for legislation relative to requiring pain management therapy prior to the issuance of a prescription for Oxycontin,— came from the House, under suspension of Joint Rule 12 referred to the committee on the Public Health.
The Senate concurred in the suspension of Joint Rule 12, and NON-concurred in the reference to the committee on Public Health.
On motion of Ms. Murray, the petition was referred to the committee on Mental Health and Substance Abuse.
Sent to the House for its action.

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 (Ms. Wilkerson) and laid before the Governor for his approbation, to wit:
Relative to creditable service for certain state contract employees (see Senate, No. 2462, amended); and
Providing for the licensing of genetic counselors (see House, No. 4326).

Recess.

There being no objection, at nineteen minutes before two o’clock P.M., the Chair (Ms. Wilkerson) declared a recess subject to the call of the Chair; and, at twenty-nine minutes before three o’clock P.M., the Senate reassembled, Ms. Wilkerson in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill making certain appropriations for the fiscal year ending June 30, 2007, prior to final action on the General Appropriation Bill for said fiscal year (see House, No. 5068), 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 (Ms. Wilkerson) 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 Acting President (Ms. Wilkerson) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Brown,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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 Command Chief Master Sergeant Patrick Shaughnessy.

The Senator from Hampden and Hampshire, Mr. Knapik, moved that when the Senate adjourns today, it adjourn in memory of Command Chief Master Sergenat Patrick Shaughnessy.

Command Chief Master Sergeant Patrick Shaughnessy, lifelong resident of Holyoke and only 53 years old, was a 35-year member of the Air National Guard, serving at the 104th Fighter Wing at Barnes Airport in Westfield. He also fulfilled several overseas deployments from 1995-2003. He passed away while on duty last Wednesday, June 21. He is survived by his wife of 31 years, two children, a grandchild and his sister.

Accordingly, as a mark of respect to the memory of Command Chief Master Sergeant Patrick Shaughnessy, at twenty-one minutes before three o’clock P.M., on motion of Mr. Brown, the Senate adjourned to meet again on Wednesday next at eleven o’clock A.M.