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, July 11, 2006.

Met at three 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.

Petition.

Mr. Morrissey presented a petition (accompanied by bill, Senate, No. 2635) of Michael W. Morrissey, A. Stephen Tobin, Ronald Mariano and Bruce J. Ayers (with the approval of mayor and city council) for legislation relative to the city of Quincy sewerage rehabilitation fund [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.

Reports of Committees.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on petition, a Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain permanent easements to Brockton Hospital (Senate, No. 2537, changed in section 4 by striking out the words “joint committee on state administration”, in line 10, and inserting in place thereof the words: “joint committee on bonding, capital expenditures and state assets.”);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Creem, for the committee on Revenue, on the recommitted petition, a Bill relative to the supplemental reserve fund requirements of the city of Pittsfield (Senate, No. 2149) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Mr. Buoniconti, for the committee on Ethics and Rules, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate bills
Making technical corrections to Chapter 232 of the Acts of 1998 (Senate, No. 1150); and
Relative to the sale of unweaned birds (Senate, No. 2195); and

The House Bill authorizing the towns of Fairhaven, Marion, Mattapoisett and Rochester to make certain conveyances of well field and water supply and protection land to the Mattapoisett River Valley Water District (House, No. 4379).

The following report was referred to the committee on Ethics and Rules, the time within which the said committee was required to report having expired:—
Of the committees on Children and Families and Labor and Workforce Development, acting jointly, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 2535) of Robert E. Travaglini, Karen E. Spilka, Thomas M. McGee, Frederick E. Berry and other members of the General Court for legislation to support strong families by providing paid family and medical leave, increasing tax deductions for working families, and establishing a work-family council.

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 the Judiciary to make an investigation and study of certain current Senate documents relative to the courts of the Commonwealth and the practice of law (Senate, No. 2633),— and recommending that the same be referred to the Senate committee on Senate 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. 5013) of Karyn E. Polito and Edward M. Augustus, Jr. (by vote of the town) that the town of Shrewsbury be authorized to provide voters with certain information relative to binding and nonbonding ballot questions,— was referred, in concurrence, to the committee on Election Laws.

A communication from the Office of the Commissioner of Banks (under the provisions of section 2 of Chapter 167F of the General Laws) submitting regulations relative to parity with federal or out-of-state banks (House, No. 4860),— was referred, in concurrence, to the committee on Financial Services.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Berry) “congratulating the war brides of World War II on their sixtieth anniversary.”

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 House Bill authorizing the Massachusetts Water Resources Authority to supply sewer services to certain property in the town of Hingham (House, No. 5010),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

Of the committee on Consumer Protection and Professional Licensure, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 2422) of Frederick E. Berry for legislation relative to the period of registration of real estate appraisers.
On motion of Mr. Knapik, the report was amended by substituting a “Bill relative to the period of registration of real estate appraisers” (Senate, No. 2422.
The bill was read. There being no objection, on motion of the same Senator, the bill was read a second time and ordered to a third reading.

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 certain evidence of collective bargaining results (House, No. 429).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

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 establishing state trademarks (House, No. 3500).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

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 kayak safety (House, No. 4949).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Barrios presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2637.
The amendment was adopted.
The bill, as amended, was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to an Administrative Deputy Assistant of the Probate and Family Court Department of Plymouth County (Senate, No. 886),— ought to pass, with an amendment in line 3, by inserting after the word “language”, the following words:— “Norfolk, 1 administrative deputy assistant”.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 886, amended) 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 providing additional administrative deputy assistants of the probate and family court department.
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to disabled persons rights of passage (Senate, No. 1858),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2636).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended as recommended by the committee on Ways and Means.
The bill (Senate, No. 2636) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to Gold Star license plates (Senate, No. 2203),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill further regulating the sale and distribution of bottled water and certain other non-alcoholic beverages (Senate, No. 2416),— ought to pass, with an amendment inserting after section 1 the following section:—
“SECTION 1A. Section 10D of said chapter 94, as so appearing, is hereby amended by striking out the first 2 sentences and inserting in place thereof the following sentence:— All materials used in the manufacturing or bottling of water for human consumption shall be stored, handled, transported and kept in such a manner as to protect them from spoilage, contamination and unwholesomeness.”.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2416, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the annual municipal census (Senate, No. 2628),— ought to pass, with an amendment in subsection (c) by striking out the words “June 30, 2009” and inserting in place thereof the following words:— “4 years from the start of the testing period”.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended as recommended by the committee on Ways and Means.
The bill (Senate, No. 2628, amended) was then ordered to a third reading.

Report of the committee on Municipalities and Regional Government, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 2055) of Bruce E. Tarr and Bradford Hill (by vote of the town) for legislation to authorize the town of Ipswich to change the use, the care, custody and control of a portion of town owned land.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the matter was considered forthwith.
On motion of the same Senator, the petition was recommitted to the committee on Municipalities and Regional Government.

Paper from the House.
Engrossed Bill.

The engrossed Bill allowing students with disabilities to participate in graduation ceremonies (see House, No. 4710) (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.

Recess.

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

Committee Discharged.

Mr. Buoniconti, for the committee on Ethics and Rules, to whom was referred the Senator Order relative to authorizing the joint committee on Community Development and Small Business to make an investigation and study of certain current Senate documents relative to community development and small business (Senate, No. 2413), reported, in part, a “Bill relative to food allergens” (Senate, No. 153).
The bill was read. There no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

Order Adopted.

On motion of Mr. Knapik,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in a full formal session.

On motion of the same Senator, at eight minutes before twelve o’clock noon, the Senate adjourned to meet on the following Thursday at one o’clock P.M.