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, July 17, 2006.

Met at three minutes past eleven o’clock A.M. (Mr. McGee 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 (Mr. McGee), members, gu ests and employees then recited the pledge of allegiance to the flag.

Reports of Committees.

By Ms. Creem, for the committee on Revenue, on the recommitted petition, a Bill to promoting biomedical research through tax incentives (Senate, No. 2366);
By Mr. Morrissey, for the committee on Telecommunications, Utilities and Energy, on the recommitted petition (accompanied by bill, Senate, No. 1832), a Bill prohibiting the fraudulent use of certain telephone technology (Senate, No. 2644); and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 2345), a Bill relative to the TDD/TTY system (Senate, No. 2645);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

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 further regulating the provision of electricity and other services in the Commonwealth (House, No. 4031).

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 Financial Services to make an investigation and study of a certain current Senate document relative to drug voice synthesizers (Senate, No. 2639),— 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. 5135) of Steven C. Panagiotakos (by vote of the town) that the town of Westford be authorized to grant a restrictive covenant through town-owned land for the septic system of the Cameron Senior Center in said town,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

A Bill relative to the interstate insurance compact (House, No. 1515,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to the standard fire insurance policy (House, No. 1552,— on House, Nos. 3046 and 3902);
Relative to fire fighter safety (House, No. 1929,— on petition);
Designating Benjamin Franklin as the official inventor of the Commonwealth (House, No. 4690,— on petition);
Relative to the disposal of dredged material (House, No. 4884,— on petition);
Designating a certain bridge in the town of Franklin as the Lance Corporal Shayne Cabino Bridge (House, No. 4997,— on petition); and
Designating a certain bridge in the city of Boston and the town of Dedham as the Honorable Robert Cawley Memorial Bridge (House, No. 5067,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Senate Ethics and Rules.

Emergency Preamble Adopted.

An engrossed Bill relative to clinical laboratories (see Senate, No. 725, 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 (Mr. McGee) and sent to the House for enactment.

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 the supplemental reserve fund requirement of the city of Pittsfield (Senate, No. 2149),— was read a second time, 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 reducing the supplemental reserve fund requirement for the city of Pittsfield”.
Sent to the House for concurrence.

The Senate Bill authorizing an easement or lease of land by the conservation commission of the town of Falmouth (Senate, No. 2319) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Murray moved that the bill be amended by adding the following 2 sections:—
“SECTION 2. No instrument conveying, by or on behalf of the town of Falmouth, title to the property interest described in section 1, shall be valid unless the instrument provides that the property interest shall be used solely for the purposes described in section 1. The instrument shall include an extinguishment clause that provides that the lease or easement contemplated in section 1 shall terminate if the property interest ceases to be used for the express purposes for which it was conveyed. The instrument shall also require that the grantees shall be responsible for restoring the property to its current baseline condition at the termination of the lease or easement, including the removal of any equipment or infrastructure installed pursuant to the lease or easement.
SECTION 3. In consideration of this conveyance, the town of Falmouth shall receive monetary compensation equal to fair market value as determined by independent appraisal. Any monetary compensation received by the town of Falmouth shall be deposited in the town’s open space fund or other appropriate account for the purpose of the acquisition of property or interests in property dedicated to conservation or recreation purposes.”.
The amendment was adopted.
The bill (Senate, No. 2319, amended) was then passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to dementia special care units in long-term care facilities (Senate, No. 420),— was read a second time and was amended, as previously recommended by the committee on Health Care Financing by substituting a new draft with the same title (Senate, No. 2533).
The bill (Senate, No. 2533) was then ordered to a third reading.

Report of a Committee.

The following report was considered, the time within which the said committee was required to report having expired:—
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. 2551) of Stephen M. Brewer and Todd M. Smola (by vote of the town) for legislation to authorize the town of Palmer to grant 4 additional licenses for the sale of all alcoholic beverages to be drunk on the premises.
There being no objection, the rules were suspended, on motion of Mr. Tarr, so that the report may be considered forthwith.
On further motion of Mr. Tarr, the report was substituted by a “Bill authorizing the town of Palmer to grant 4 additional licenses for the sale of all alcoholic beverages to be drunk on the premises” (Senate, No. 2551).
The bill was read. The rules were suspended, on further motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Paper from the House.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5192) of Elizabeth A. Poirier and others that the Department of Education be directed to include a course in civics as a requirement for students to graduate from high school;
Under suspension of Joint Rule 12, to the committee on Education.
Petition (accompanied by bill, House, No. 5193) of Kevin J. Murphy for legislation to permit certain retired and divorced public employees to change beneficiaries;
Under suspension of Joint Rule 12, to the committee on Public Service.

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the identification of burial grounds and cemeteries on certain state-owned lands (Senate, No. 34, changed),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, 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 requiring the identification of burial grounds and cemeteries on certain state-owned lands.”
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill establishing the Quaboag and Ware River Valley Heritage District Commission (Senate, No. 484),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill authorizing the Division of Capital Asset Management and Maintenance to lease certain property in Weymouth to the South Shore Association of Retarded Citizens (Senate, No. 2194),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2649).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2649) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill providing for a partial release of certain land in Easthampton from the operation of an agricultural preservation restriction (Senate, No. 2492, changed),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Sterling (House, No. 4507),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2650.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to special education and parent advisory councils (Senate, No. 291),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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 protecting disabled persons from financial exploitation (Senate, No. 394),— ought to pass, with an amendment in section 2, by striking out the words “or to apply to any act or practice in the conduct of any trade or commerce declared unlawful by section 2 of chapter 93A of the General Laws”.
The rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 394, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill to require financial institutions to pay late fees when it fails to conduct an electronic transfer (Senate, No. 618),— ought to pass, with an amendment striking out the last sentence and inserting in place thereof the following sentence:— “If a financial institution willfully and knowingly fails to comply with this section, then the consumer shall be entitled to 3 times the actual damages sustained by the consumer.”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 618, 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 disposal of obsolete material and supplies (Senate, No. 1736),— ought to pass, with an amendment in line 3, by inserting after the word “entities” the following words:— “and having been reasonably determined to have a likely residual value”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill (Senate, No. 1736, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill clarifying certain farm commodities as agriculture in the Commonwealth (Senate, No. 2375),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and ordered to a third reading.

Papers from the House.
Engrossed Bills.

An engrossed Bill designating certain bridges (see Senate, No. 2559) (which originated in the Senate), 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 (Mr. McGee) and laid before the Governor for his approbation.

An engrossed Bill relative to clinical laboratories (see Senate, No. 725, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. McGee) and again laid before the Governor for his approbation.

Recess.

There being no objection, at fourteen minutes before twelve o’clock noon, the Chair (Mr. McGee) declared a recess; and at thirteen minutes past one o’clock P.M., the Senate reassembled, Mr. McGee in the Chair.

Papers from the House.

The House Bill relative to judges and registers of probate (House, No. 4521, amended),— came from the House with the endorsement that the House had concurred in the further Senate amendment in section 2 with a further amendment:
In section 2, in line 69, by inserting the following line: “Norfolk, 1 administrative deputy assistant.”; and NON-concurred in section 6.
Senate Rule 36 was suspended, on motion of Ms. Spilka, and the Senate concurred in the further House amendment and receded from the Senate amendment in Section 6.

Petition.

On motion of Ms. Spilka, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Resor (accompanied by bill) of Pamela P. Resor and Robert S. Hargraves for legislation relative to the transfer of a parcel of land used for conservation/ recreation purposes to the town of Ayer for the enhancement of public access to the Nashua River Rail Trail,— and the same was referred to the committee on Bonding, Capital Expenditures and State Assets.
Sent to the House for concurrence.

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 changing the date for preliminary elections in the city of Holyoke (House, No. 4579) (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.

Paper from the House.

A Bill providing for the establishment and administration of rent regulations and the control of evictions in manufactured housing communities in the town of Lakeville (House, No. 5016,— on petition) [Local approval received].
There being no objection, the rules were suspended, on motion of Ms. Spilka, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

There being no objection, at sixteen minutes past one o’clock P.M., the Chair (Mr. McGee) declared a recess; and at two minutes past three o’clock P.M., the Senate reassembled, Mr. McGee in the Chair.

Paper from the House.
Engrossed Bills.

The following engrossed bills (both 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 Acting President (Mr. McGee) and laid before the Governor for his approbation, to wit:
Changing the date for preliminary elections in the city of Holyoke (see House, No. 4579); and
Providing for the establishment and administration of rent regulations and the control of evictions in manufactured housing communities in the town of Lakeville (see House, No. 5016).

Order Adopted.

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

On motion of the same Senator, at five minutes past three o’clock P.M., the Senate adjourned to meet on the following Wednesday at one o’clock P.M.