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, August 8, 2005.

Met at five minutes past eleven o’clock A.M. (Mr. Havern in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Chair (Mr. Havern), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Joyce (by request), a petition (subject to Joint Rule 12) of Brian J. Holmes for legislation relative to criminal evasion;

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation relative to Gold Star license plates;

By the same Senator, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation relative to Mini-Fenway Park, Inc.’s permitting, leases and taxation; and

By the same Senator, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation to require banks to provide immediate overdraft notification;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPER FROM THE HOUSE.

Notice was received from the Clerk of the House of Representatives that the House had adopted resolutions “Supporting private property rights in Massachusetts and protecting them from abuse of the right of taking by eminent domain.”
The communication was placed on file.

Engrossed Bill Returned by the Lieutenant-Governor, Acting Governor with Recommendation of Amendment.

The engrossed Bill relative to creditable service for vocational education teachers (see Senate, No. 2057) (which on Monday, July 25, 2005, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Lieutenant-Governor, Acting Governor on Thursday, August 4, 2005 at twenty-seven minutes past four o’clock P.M., with a message recommending an amendment.

The message (Senate, No. 2177) was read and the Senate Proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.

Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Ms. Fargo.

Subsequently, Mr. Brewer for the committee on Bills in the Third Reading, reported, recommending that the Senate consider the amendment in the following form:—

By adding the following section:—

“SECTION 2. This act shall be effective upon an appropriation by the commonwealth for deposit into the Pension Reserves Investment Trust Fund of funds equal to the amount by which the actuary of the Public Employee Retirement Administration Commission projects that this act will increase the commonwealth’s pension liability.”
The report was accepted.
The Chair (Mr. Havern) stated that under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
On motion of Ms. Fargo, the Lieutenant-Governor’s amendment be considered; and it was rejected.
Sent to the House for its action.

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 House Bill authorizing the town of Brookline to increase the expenditure cap on revolving funds (House, No. 4112),— 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 increasing the expenditure limit on revolving funds in the town of Brookline”.

The Senate Bill authorizing the creation of secondary lots on Nantucket island (Senate, No. 805),— was read a second time.

Pending the question on ordering the bill to a third reading, Ms. Fargo moved that the bill be substituted, in part, by a Bill “relative to the Nantucket Housing Authority” (Senate, No. 2103).

This motion prevailed.

The bill (Senate, No. 2103) was then read. There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time and ordered to a third reading.
Subsequently, the Senate Bill authorizing the creation of secondary lots on Nantucket island (Senate, No. 805) was again considered; and it was ordered to a third reading.

Reports of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey, Richard T. Moore, Bruce J. Ayers and other members of the General Court for legislation to establish the Asian American Commission of the Commonwealth of Massachusetts.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Tourism, Arts and Cultural Development.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (both of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the Acting President and laid before the Governor for his approbation, to wit:

Exempting certain positions in the police department in the city of Northampton from the civil service law (see Senate, No. 2074, amended); and

Exempting the position of police chief in the town of Winchendon from the civil service law (see Senate, No. 2083).

Order Adopted.

On motion of Ms. Fargo,—

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

On motion of Mr. Hedlund, at a quarter past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.