UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

JOURNAL OF THE SENATE.

Monday, July 31, 2006.

Met at six minutes past eleven o’clock A.M.

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:
Gracious and merciful God, grant that the United States of America may be defended by Thy power against all evil. May the President and members of this Senate be wise in counsel, calm in action, and sincere in motive as they cope with the various problems of our State. Inspire them to legislate in the fear of the Lord, and in fear of no one else, but courageously striving to promote and support that which they conscientiously feel will assure the safety, and honor the temporal and spiritual welfare of this Commonwealth. This we ask through Christ the Redeemer and Saviour of the world. Amen.

Report.

A report of the Special Commission Relative to Liquefied Natural Gas Facility Siting and Use (pursuant to the provisions of Chapter 1 of the Resolves of 2006) relative to the siting and use of liquefied natural gas facilities in the Commonwealth (received Friday, July 28, 2006),— was placed on file.

Petition.

Mr. Brown presented a petition (subject to Joint Rule 12) of Scott P. Brown for legislation to amend the criminal offender record information,— 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. Jehlen, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for a certain employee of the Department of Social Services (Senate, No. 2665);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

PAPER FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to the terms of certain bonds to be issued by the Commonwealth (accompanied by bill, House, No. 5237) — was referred, in concurrence, to the committee on Bonding, Capital Expenditures and State Assets.

A Bill authorizing the Department of Conservation and Recreation and the Department of Fish and Game to acquire conservation restrictions in and to the lands of the town of Egremont (printed in House, No. 4345,— being a message from His Excellency the Governor),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Communication.

The Clerk read the following communication:

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

July 27, 2006.

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

Dear Mr. Clerk:

Today I was delayed from entering the chamber. In my absence six roll call votes were taken. Please note that had I been present, I would have Voted Affirmatively on the following matters:

7110-0100 Fitchburg State College
7112-0100 Framingham State College
7113-0100 MA College of Liberal Arts
7114-0100 Salem State College
7115-0100 Westfield State College
7116-0100 Worcester State College

I would appreciate if this could be printed in the Senate Journal.
Thank you.

Sincerely,
Jack Hart,
State Senator.

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

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill regulating the redetermination of municipal sewer assessments (see House, No, 4435), 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 3 to 0.
The bill was signed by the President and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first two 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 President and laid before the Governor for his approbation, to wit:
Relative to the payment of referral fees to unlicensed employees of insurance producers (see Senate, No. 2060);
Further regulating the Essex Regional Retirement System (see Senate, No. 2263, amended); and
Relative to the interstate insurance compact (see House, No. 1515).

An engrossed Bill establishing state trademarks (see House, No. 3500, amended) (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 re-enacted and was signed by the President and again laid before the Governor for his approbation.

Reports of Committees.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on petition, a Bill 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 (Senate, No. 2658).
There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a second time.
Ms. Resor moved that the bill be amended by substituting a new draft entitled “An Act authorizing transfer of land to the town of Ayer to enhance public access to the Nashua river rail trail” (Senate, No. 2694).
The amendment was adopted.
The bill (Senate, No. 2694) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Ms. Murray, for the committee on Ways and Means, that the Senate Bill authorizing the Department of Conservation and Recreation to provide leases to yacht clubs on its property (Senate, No. 2411),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2695).
There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2695) 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 House Bill relative to the disposition of land owned by the Department of Conservation and Recreation in the town of Rowley in exchange for certain other land located in the town of Rowley (House, No. 4661),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing disposition of certain conservation and recreation lands under the care, custody and control of the Department of Conservation and Recreation within the town of Mashpee (House, No. 3416),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Baddour, 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 authorizing disposition of certain conservation and recreation lands under the care, custody and control of the department of conservation and recreation within the town of Mashpee”.

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management to release a portion of an easement in the city of Somerville (House, No. 4902) ,— ought to pass, with an amendment inserting after section 2 the following section:—
“SECTION 2A. The exact boundaries of the property described in sections 1 and 2 shall be determined by the commissioner of capital asset management and maintenance, in consultation with the Massachusetts Water Resources Authority, after completion of a survey.”.
There being no objection, the rules were suspended, on motion of Mr. Augustus, 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the division of capital asset management and maintenance to release a portion of an easement in the city of Somerville.”.

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to grant easements to Algonquin Gas Transmission, LLC and Colonial Gas Company d/b/a Keyspan Energy Delivery New England (House, No. 5173),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Havern, 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 authorizing the Commissioner of Capital Asset Management and Maintenance to grant easements to Algonquin Gas Transmission, LLC and Colonial Gas Company d/b/a Keyspan Energy Delivery New England.”

Engrossed Bill Returned by Governor With His Objections Thereto.

The engrossed Bill establishing the Asian American Commission (see Senate, No. 2201, amended), which, on Thursday, July 20, 2006, had been again laid before His Excellency the Governor for his approbation,— was returned to the Senate Clerk by His Excellency the Governor on Friday, July 28, 2006, at a quarter before five o’clock P.M., with his objections thereto in writing [for message, see Senate, No. 2692].
The message (Senate, No. 2692) was read; and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
The question on passing the bill, 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 twenty-one minutes past eleven o’clock A.M., as follows, to wit (yeas 32 — nays 0) [Yeas and Nays No. 581]:

The yeas and nays having been completed at twenty-five minutes past eleven o’clock A.M., the bill was passed by the Senate, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.
Sent to the House for its action.

PAPERS FROM THE HOUSE.
Message from the Governor — Disapproval and Reductions in Supplemental Appropriations Bill.

A message from His Excellency the Governor, returning, with his disapproval of certain items and sections and parts of certain items, and reductions in certain items contained in the 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, amended), which on Friday, June 16, 2006, had been laid before the Governor for his approbation,— came from the House, in part, several items and sections having been passed by the House notwithstanding the reduction or disapproval of the Governor.
The message (House, No. 5091) was read; and the Senate proceeded to reconsider several items, which had been reduced or disapproved in accordance with the provisions of the Constitution.

Item 0330-0318 (Boston Municipal Court — Treatment Coordinators) was considered as follows:
“0330-0318
For the Boston municipal court to fund treatment coordinators and support services for intensive probation, supervision and treatment initiatives to treat nonviolent, substance-abusing offenders 200,000”.
[The Governor disapproved this item.]
The question on passing item 0330-0318, contained in section 2A, in concurrence, the disapproval 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 twenty-six minutes past eleven o’clock A.M., as follows, to wit (yeas 32 — nays 3) [Yeas and Nays No. 582]:

The yeas and nays having been completed at twenty-nine minutes past eleven o’clock A.M., item 0330-0318, contained in section 2A, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 0330-0410 (Alternative Dispute Resolution) was considered as follows:
“0330-0410 ..............................................83,000”.
[The Governor disapproved this item.]
The question on passing item 0330-0410, contained in section 2, in concurrence, the disapproval 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 a half past eleven o’clock A.M., as follows, to wit (yeas 31 — nays 4) [Yeas and Nays No. 583]:

The yeas and nays having been completed at twenty-eight minutes before twelve o’clock noon, item 0330-0410, contained in section 2, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 1100-1560 (Massachusetts Development Finance Agency — Otis Air National Guard Base) was considered as follows:
“1100-1560 For the Massachusetts Development Finance Agency; provided, that not less than $500,000 shall be expended by the agency for the planning for a new mission to be executed by the Massachusetts air national guard at Otis air national guard base; and provided further, that not less than $500,000 shall be expended by the agency for the planning and development of a homeland security training center to be located
on the Massachusetts military reservation 1,000,000”.
[The Governor disapproved this item.]
The question on passing item 1100-1560, contained in section 2A, in concurrence, the disapproval 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 twenty-seven minutes before twelve o’clock noon, as follows, to wit (yeas 35 — nays 0) [Yeas and Nays No. 584]:

The yeas and nays having been completed at twenty-six minutes before twelve o’clock noon, item 1100-1560, contained in section 2A, stands, in concurrence, notwithstanding the of disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 4000-0265 (Grants to Community Health Centers) was considered as follows:
“4000-0265
For the purpose of providing one-time grants to community health centers; provided, that $200,000 shall be expended for the Dimock Community Health Center located in the Egleston square neighborhood in the Roxbury section of the city of Boston for health care and traditional housing to the medically underserved patients from the Roxbury, Dorchester and Jamaica Plain sections of the city of Boston; provided further, that $200,000 shall be expended for Whittier Street Community Health Center in the Roxbury section of the city of Boston for adult and child behavioral health services to the homeless, immigrant and refugee populations; provided further, that $200,000 shall be expended for a community health center serving a disadvantaged population in the Mattapan section of the city of Boston; provided further, that $100,000 shall be expended for the Fenway Community Health Center located in the Fenway section of the city of Boston which provides health care to gay and lesbian populations; provided further, that $100,000 shall be expended for South Cove Community Health Center located in the Chinatown section of the city of Boston which provides health care to immigrant and linguistically diverse populations; provided further, that $200,000 shall be expended for the Harvard Street Health Center located in the North Dorchester section of the city of Boston; provided further, that $200,000 shall be expended for the Roxbury Comprehensive Community Health Center (RoxComp) to mitigate health care disparities; and provided further, that $300,000 shall be expended for the Manet Community Health Center in the city of Quincy 1,500,000”.
[The Governor disapproved this item.]
The question on passing item 4000-0265, contained in section 2A, in concurrence, the disapproval 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 twenty-five minutes before twelve o’clock noon, as follows, to wit (yeas 30 — nays 5) [Yeas and Nays No. 585]:

The yeas and nays having been completed at twenty-two minutes before twelve o’clock noon, section 4000-0265, contained in section 2A, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 4512-0200 (Department of Public Health — Substance Abuse) was considered as follows:
“4512-0200 20,100,000”.
[The Governor reduced this item by $8,249,990.]
The question on passing item 4512-0200, contained in section 2, in concurrence, the reduction 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 twenty-one minutes before twelve o’clock noon, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 586]:

The yeas and nays having been completed at nineteen minutes before twelve o’clock noon, item 4512-0200, contained in section 2, stands, in concurrence, notwithstanding the reduction of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 7003-0702 (Department of Workforce Development) was considered as follows:
“7003-0702 1,789,999”.
[The Governor disapproved this item.]
The question on passing item 7003-0702, contained in section 2, in concurrence, the disapproval 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 eighteen minutes before twelve o’clock noon, as follows, to wit (yeas 34 — nays 2) [Yeas and Nays No. 587]:

The yeas and nays having been completed at sixteen minutes before twelve o’clock noon, item 7003-0702, contained in section 2, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 7004-0099 (Department of Housing and Community Development — Partners for the Community Corporation) was considered as follows:
“7004-0099 385,000”.
[The Governor disapproved this item.]
Mr. Havern in the Chair, the question on passing item 7004-0099, contained in section 2, in concurrence, the disapproval 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 a quarter before twelve o’clock noon, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 588]:

The yeas and nays having been completed at thirteen minutes before twelve o’clock noon, section 7004-0099, contained in section 2, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the Department of Conservation and Recreation and the Department of Fish and Game to acquire conservation restrictions in and to the lands of the town of Egremont (printed in House, No. 4345),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, 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 authorizing the Department of Conservation and Recreation and the Department of Fish and Game to acquire conservation restrictions in and to parcels of land in the town of Egremont.”.

PAPERS FROM THE HOUSE.
Message from the Governor — Disapproval and Reductions in Supplemental Appropriations Bill.

A message from His Excellency the Governor, returning, with his disapproval of certain items and sections and parts of certain items, and reductions in certain items contained in the 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, amended), which on Friday, June 16, 2006, had been laid before the Governor for his approbation,— came from the House, in part, several items and sections having been passed by the House notwithstanding the reduction or disapproval of the Governor.
The message (House, No. 5091) was read; and the Senate proceeded to reconsider several items, which had been reduced or disapproved in accordance with the provisions of the Constitution.

Item 7007-0900 (Department of Business and Technology — MetroWest/495 Corridor Partnership) was considered as follows:
“7007-0900 835,000”.
[The Governor disapproved this item.]
The President in the Chair, the question on passing item 7007-0900, contained in section 2, in concurrence, the disapproval 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 eleven minutes before twelve o’clock noon, as follows, to wit (yeas 35 — nays 1) [Yeas and Nays No. 589]:

The yeas and nays having been completed at eight minutes before twelve o’clock noon, item 7007-0900, contained in section 2, stands, in concurrence, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 7007-1000 (Regional Tourism Council) was considered as follows:
“7007-1000 500,000”.
[The Governor disapproved this item.]
After debate, the question on passing item 7007-1000, contained in section 2, in concurrence, the disapproval 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 six minutes before twelve o’clock noon, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 590]:

The yeas and nays having been completed at three minutes before twelve o’clock noon, item 7007-1000, contained in section 2, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Reconsideration.

There being no objection, on motion of Mr. Lees, the Senate reconsidered the vote by which it had passed, in concurrence, item 7007-0900, contained in section 2, of the House 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, amended), the disapproval of His Excellency the Governor to the contrary notwithstanding.
Subsequently, the recurring question came on again passing item 7007-0900, contained in section 2, in concurrence, the disapproval 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 two minutes before twelve o’clock noon, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 591]:

The yeas and nays having been completed at twelve o’clock noon, item 7007-0900, contained in section 2, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 7100-0400 (UMass — Winter Moth Study) was considered as follows:
“7100-0400 For an ongoing study conducted by the University of Massachusetts at Amherst’s agricultural department, of the winter moth worm and meth-
ods to minimize and or eliminate its damage 150,000”.
[The Governor disapproved this item.]
The question on passing item 7100-0400, contained in section 2A, in concurrence, the disapproval 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 II, Article II, of the Constitution, at one minute past twelve o’clock noon, as follows, to wit (yeas 35 — nays 1) [Yeas and Nays No. 592]:

The yeas and nays having been completed at three minutes past twelve o’clock noon, section 7100-0400, contained in section 2, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 7509-1000 (Mount Wachusett Community College — Renewable Energy Systems) was considered as follows:
“7509-1000
For the development of a program at Mount Wachusett community college providing technical assistance to state facilities and public school districts to reduce energy costs through
the utilization of renewable energy systems 150,000”.
[The Governor disapproved this item.]
The question on passing item 7509-1000, contained in section 2A, in concurrence, the disapproval 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 four minutes past twelve o’clock noon, as follows, to wit (yeas 34 — nays 3) [Yeas and Nays No. 593]:

The yeas and nays having been completed at five minutes past twelve o’clock noon, section 7509-1000, contained in section 2A, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.
Item 7509-1002 (Mount Wachusett Community College — Field and Recreational Maintenance) was considered as follows:
“7509-1002 For the one-time maintenance on the fields and recreational sites at the Mount Wachusett com-
munity college 100,000”.
[The Governor disapproved this item.]
The question on passing item 7509-1002, contained in section 2E, in concurrence, the disapproval 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 six minutes past twelve o’clock noon, as follows, to wit (yeas 34 — nays 3) [Yeas and Nays No. 594]:

The yeas and nays having been completed at eight minutes past twelve o’clock noon, section 7509-1002, contained in section 2E, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 7515-0122 (Roxbury Community College — IT Upgrades) was considered as follows:
“7515-0122 For one-time upgrades, replacement, and repair of academic and administrative computers at
Roxbury community college 105,600”.
[The Governor disapproved this item.]
The question on passing item 7515-0122, contained in section 2A, in concurrence, the disapproval 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 nine minutes past twelve o’clock noon, as follows, to wit (yeas 34 — nays 4) [Yeas and Nays No. 595]:

The yeas and nays having been completed at ten minutes past twelve o’clock noon, section 7515-0122, contained in section 2A, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 8000-0000 (Executive Office of Public Safety and Homeland Security) was considered as follows:
“8000-0000 869,000”.
[The Governor reduced this item by $280,000.]
The question on passing item 8000-0000, contained in section 2, in concurrence, the reduction 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 twelve minutes past twelve o’clock noon, as follows, to wit (yeas 36 — nays 2) [Yeas and Nays No. 596]:

The yeas and nays having been completed at a quarter past twelve o’clock noon, section 8000-0000, contained in section 2 stands, in concurrence, notwithstanding the reduction of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Item 8900-0001 (Department of Corrections — Emergency Safety Grant) was considered as follows:
“8900-0001 875,000”.
[The Governor disapproved this item.]
After remarks, the question on passing item 8900-0001, contained in section 2, 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 twenty-two minutes past twelve o’clock noon, as follows, to wit (yeas 32 — nays 6) [Yeas and Nays No. 597]:

The yeas and nays having been completed at a twenty-four minutes past twelve o’clock noon, section 8900-0001, contained in section 2, stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Section 88 (Department of Conservation and Recreation — Earmark) was considered as follows:
“SECTION 88. Item 2800-0100 of said section 2 of said chapter 45 is hereby amended by striking out the words “provided further, that not less than $100,000 shall be expended within thirty days of receipt of said funds, for the maintenance of the facility and animal upkeep of the mounted unit in the Blue Hills Reservation, which are not subject to said reimbursement to the department;” and inserting in place thereof the following words:— provided further, that not less than $100,000 shall be expended within thirty days of receipt of said funds for the sole purpose of restoring, operating, maintaining and ongoing support of the department of conservation and recreation park rangers mounted unit in the Blue Hills Reservation, existing as of January 1, 2004, which shall be located and operated from the stable and adjacent facilities in the Blue Hills Reservation; provided further, that the Secretary of the Executive Office of Environmental Affairs is hereby directed to request and obtain the return of all animals, equipment, including tack and trailers, and personnel of the departments park rangers mounted unit within their control, custody, and possession as of January 1, 2004; provided further, that not later than December 30, 2006 the department shall file a report with the house and senate committees on ways and means detailing the actual expenditure of funds for the maintenance of the mounted unit in the Blue Hills Reservation.”
[The Governor disapproved this section.]
The question on passing section 88, in concurrence, the disapproval 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 twenty-five minutes past twelve o’clock noon, as follows, to wit (yeas 34 — nays 4) [Yeas and Nays No. 598]:

The yeas and nays having been completed at a twenty-six minutes past twelve o’clock noon, section 88 stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Section 106 (Department of Housing and Community Development — Earmark) was considered as follows:
“SECTION 106. Said item 7004-0099 of said section 2 of said chapter 45 is hereby amended by adding the following words:— ; provided further, that $100,000 shall be expended for the Partners for Community Corporation; provided further, that $100,000 shall be expended for the Puerto Rican Cultural Center in Springfield; provided further, that $85,000 shall be expended for the operation and management of the Homeowner Options for Massachusetts Elders program; and provided further, that not less than $100,000 shall be provided to Housing Families, Inc. of Malden for providing educational support programming for homeless children through the Children and Family Program.”
[The Governor disapproved this section.]
The question on passing section 106, in concurrence, the disapproval 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 twenty-seven minutes past twelve o’clock noon, as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 599]:

The yeas and nays having been completed at twenty-nine minutes past twelve o’clock noon, section 106 stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two thirds of the members present and voting having approved the same.

Section 110 (Office of Travel and Tourism — Earmark I) was considered as follows:
“SECTION 110. Item 7007-0900 of said section 2 of said chapter 45 is hereby amended by striking out the words “provided further, that not less than $200,000 shall be expended for a grant for From the Top, Inc.” and inserting in place thereof the following words:— “provided further, that not less than $300,000 shall be expended for a grant for From the Top, Inc.; provided further, that not less than $50,000 shall be transferred to the Barre Historical Society for the restoration of a stagecoach; provided further, that not less than $50,000 be provided to the town of Sutton for the study and design of the Manchaug Village tourism streetscape plan; provided further, that not less than $150,000 shall be expended for the Highland Center for the Arts at the Cape Cod National Seashore; provided further, that not less than $40,000 shall be expended to the St. Peter’s Fiesta Committee for the purchase of Seine Boat replicas; provided that the committee shall match this amount from private funds; provided further, that not less than $100,000 shall be expended for improvements to the Granby town hall; provided further, that $20,000 shall be transferred to the town of Monson for the beautification of the downtown area; provided further, that $250,000 shall be expended to the Merrimack Valley Economic Development Council; provided further, that not less than $75,000 shall be expended for the Worcester County Convention and Visitor’s Bureau located in the city of Worcester.”
[The Governor disapproved this section.]
The question on passing section 110, in concurrence, the disapproval 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 a half past twelve o’clock noon, as follows, to wit (yeas 37 — nays 1) [Yeas and Nays No. 600]:

The yeas and nays having been completed at twenty-eight minutes before one o’clock P.M., section 110 stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Section 111 (Office of Travel and Tourism — Earmark II) was considered as follows:
“SECTION 111. Said item 7007-0900 in said section 2 of said chapter 45 is hereby further amended by striking out the words “provided further, that not less than $100,000 shall be expended for the Metro West/495 Corridor Partnership, as successor to the I-495 Technology Initiative.”
[The Governor disapproved this section.]
The question on passing section 111, in concurrence, the disapproval 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 XI, of the Constitution, at twenty-seven minutes before one o’clock P.M., as follows, to wit (yeas 33 — nays 5) [Yeas and Nays No. 601]:

The yeas and nays having been completed at twenty-five minutes before one o’clock P.M., section 111 stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Section 113 (Department of Education — Earmark) was considered as follows:
“SECTION 113. Section 2 of Chapter 45 of the acts of 2005 is hereby amended by inserting after item 7035-0002 the following item:
7035-0004 For a grant to the Greater Lawrence Community Action Council, Inc’s Spanish Community
Services Program 66,000”.
[The Governor disapproved this section.]
Mr. Havern in the Chair, the question on passing section 113, in concurrence, the disapproval 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 twenty-four minutes before one o’clock P.M., as follows, to wit (yeas 34 — nays 4) [Yeas and Nays No. 602]:

The yeas and nays having been completed at twenty-three minutes before one o’clock P.M., section 113 stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Section 141 (Trial Court Report) was considered as follows:
“SECTION 141. Notwithstanding any general or special law to the contrary, the chief justice for administration and management shall report to the house and senate committees on ways and means not later than November 31, 2006 on the cost of reestablishing the trial court child care program.”
[The Governor disapproved this section.]
The question on passing section 141, in concurrence, the disapproval 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 twenty-two minutes before one o’clock P.M., as follows, to wit (yeas 35 — nays 3) [Yeas and Nays No. 603]:

The yeas and nays having been completed at nineteen minutes before one o’clock P.M., section 141 stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Engrossed Bills — Land Takings for Conservation, Etc.

An engrossed Bill authorizing the commonwealth to acquire conservation restrictions in and to lands of the city of Leominster (see Senate, No. 31, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 eighteen minutes before one o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 604]:

The yeas and nays having been completed at seventeen minutes before one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

An engrossed Bill authorizing the Massachusetts Water Resources Authority to enter into an agreement with the town of Walpole to use certain land for recreational purposes (see Senate, No. 2588) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 sixteen minutes before one o’clock P.M., as follows, to wit (yeas 37 — nays 1) [Yeas and Nays No. 605]:

The yeas and nays having been completed at a quarter before one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to lease certain property in the town of Weymouth to the South Shore Association of Retarded Citizens (see Senate, No. 2649) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 fourteen minutes before one o’clock, P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 606]:

The yeas and nays having been completed at twelve minutes before one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

An engrossed Bill authorizing the town of Ipswich to change the use, the care, custody and control of a portion of town owned land (see Senate, No. 2678) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 eleven minutes before one o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 607]:

The yeas and nays having been completed at nine minutes before one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

An engrossed 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 (see House, No. 4379) (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, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 eight minutes before one o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 608]:

The yeas and nays having been completed at seven minutes before one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Sterling (see House, No. 4507, amended) (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, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 six minutes before one o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 609]:

The yeas and nays having been completed at five minutes before one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

An engrossed Bill authorizing the town of Wayland to transfer care and control of certain park land (see House, No. 5079) (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, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 four minutes before one o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 610]:

The yeas and nays having been completed at two minutes before one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

An engrossed Bill relative to traffic improvements in the town of Maynard (see House, No. 5190) (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, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII 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 one minute before one o’clock P.M., as follows, to wit (yeas 37 — nays 1) [Yeas and Nays No. 611]:

The yeas and nays having been completed at one 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 Acting President (Mr. Havern) and laid before the Governor for his approbation.

Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Cheryl Ferrara, an employee of the Department of Mental Retardation (see Senate, No. 2550, 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 5 to 0.
The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment.

An engrossed Bill authorizing reimbursement to the town of Eason for veterans’ benefits (see House, No. 4917), 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 7 to 0.
The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Paul F. Taylor, an employee of the Division of Professional Licensure (see House, No. 5230), 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 11 to 0.
The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first two 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:
Regulating college student meningococcal disease immunization (see Senate, No. 2290, amended);
Promoting alternative resolution of certain public work disputes (see Senate, No. 2655);
Designating a certain bridge in the town of Weymouth as the Weymouth veterans memorial bridge (see House, No. 1693, changed);
Regulating the redetermination of municipal sewer assessments (see House, No. 4435);
Regulating the grant of sewer system connections by the sewer commission of the town of Kingston (see House, No. 4528);
Authorizing the town of Topsfield to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises (see House, No. 4810, amended);
Relative to the retirement allowance payable to Robert W. Noseworthy (see House, No. 4841);
Designating a certain bridge in the town of Franklin as the Lance Corporal Shayne Cabino Bridge (see House, No. 4997); and
Relative to state chartered banks (see House, No. 5198).

The House Bill relative to child labor (House, No. 4638, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2614 with a still further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5231.
Senate Rule 36 was suspended, on motion of Mr. McGee, and the House amendment was considered forthwith.
The same Senator moved that the Senate concur in the House amendment with a still still further amendment by adding the following 2 sections:—
“SECTION 19. Said chapter 149 is hereby amended by inserting after section 105, as appearing in the 2004 Official Edition, the following section:—
Section 105½. (a) For purposes of this section ‘Entertainment production’ means and includes the following activities performed in the commonwealth: motion pictures of any kind using any format distributed in any medium, photography, recording, modeling, motion picture, theatrical or stage production, television production, commercial production, that but, production crew, publicity, rodeos, circuses, musical performances, or any other performance where minors perform to entertain the public. (b) Notwithstanding any other general or special law to the contrary, a child under 18 years of age may be employed in entertainment production, provided the hours of work do not exceed the following: (1) for a child at least 15 days old but less than 2 years 6 months of age, 36 hours at the place of employment with no more than 2 hours of work and no more than 20 minutes of consecutive work, excluding meal breaks; (2) for a child at least 6 months old but less than 2 years of age, 6 hours at the place of employment with no more than 2 hours of work and no more than 30 minutes of consecutive work, excluding meal breaks; (3) for a child at least 2 years of age but less than 6 years of age, 6 hours at the place of employment with no more than 3 hours of work, excluding meal breaks; (4) or a child at least 6 years of age but less than 9 years of age, 8 hours at the place of employment with no more than 5 hours of work, excluding meal breaks; (5) for a child at least 9 years of age but less than 16 years of age, 9 hours at the place of employment with no more than 6 hours of work, excluding meal breaks; (6) for a child at least 16 years of age but less than 18 years of age, 12 hours at the place of employment with no more than 9 hours of work, excluding meal breaks. (c) The work day for a child under 18 years of age employed under this section shall begin no earlier than 5:00 a.m. and shall end not later than 10:00 p.m. on evenings preceding school days; provided, however, that but a child performer at least 8 years of age in a theatrical or stage production, circus, musical performance or other performance with a live audience may continue a performance until 12:00 a.m. midnight on an evening preceding a school day if the performance began before 10:00 p.m. On evenings preceding non-school days, the child’s work day shall end no later than 12:30 a.m. on the morning of the non-school day. A child shall have a 12-hour break between the end of work on one day and the beginning of the next work day. A child shall not work more than 6 consecutive days. (d) Child performers shall be held to the hour requirements of subsections (b) and (c) and shall not be restricted by any other hour requirements. (e) A child shall fulfill the educational requirements set forth by the department of education or by the state or country of his residence, if he is not a resident of the commonwealth. A child who has not completed the requirements and who is employed in entertainment production when school is in session shall be subject to the following requirements: (1) An employer employing a child for 2 or more school days in a 30 day period shall provide a state certified teacher who has credentials issued by the department of education or recognized by the department of education. This requirement shall apply beginning on the second day that the child performer renders services for that employer and shall continue on each day thereafter that school is in session and the child is rendering services; provided, however, that but if the child has executed a contract with the employer to work for 2 or more school days in the next 30-day period, the requirement shall apply beginning on the first day of the child performer’s employment. A child receiving instruction from a teacher as required by this section shall not be declared absent from school. The requirements of this section shall be applicable only when school is in session and the child performer is not receiving educational instruction due to his employment schedule. Local school districts shall retain the power to determine that a minor is meeting applicable educational standards. (2) For any child performer under 16 years old employed under this section, a parent or legal guardian shall be present with and accompany the performer on the set or location of the entertainment production. A parent or legal guardian may designate in writing any person over 21 years