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.

Thursday, August 18, 2005.

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

The Senator from Essex and Middlesex, Mr. Tarr, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Mr. Rosenberg) handed the gavel to Mr. Brown for the purpose of introducing the MIAA Division 2 South Championship Wellesley High School Tennis Team. The team was accompanied by their coaches.

Petition.

Mr. Antonioni presented a petition (subject to Joint Rule 12) of Robert A. Antonioni for legislation to authorize the state board of retirement to grant creditable service to Joseph Rappa,— 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 Mr. Tolman, for the committee on Mental Health and Substance Abuse, on petition (accompanied by bill, Senate, No. 1140), a Bill to control the use of methamphetamine (Senate, No. 2183);
Read and, under Joint Rule 1E, referred to the committee on Health Care Finance.

PAPERS FROM THE HOUSE.

Reports

Of the committee on Environment, Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3898) of Peter J. Koutoujian that the Department of Environmental Protection be directed to regulate the handling of mercury by dentists,— and recommending that the same be referred to the committee on Public Health.

Of the committee on Public Health, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 1641) of Alice K. Wolf and others for legislation to provide for a comprehensive health education program in the public schools; and

Of the petition (accompanied by bill, House, No. 3654) of Peter J. Larkin and others relative to the certification of certain teachers and coaches in cardiopulmonary resuscitation in the public schools;

And recommending that the same severally be referred to the committee on Education.

Of the petition (accompanied by resolve, House, No. 2846) of Anthony Petruccelli for an investigation by a special commission (including members of the General Court) relative to the needs of persons with agoraphobia and other related disorders; and

Of the petition (accompanied by bill, House, No. 2854) of Kay Khan and others relative to the health care needs of adolescents in the juvenile justice system of the Commonwealth;

And recommending that the same severally be referred to the committee on Mentaal Health and Substance Abuse.

Of the petition (accompanied by bill, House, No. 3646) of Christine E. Canavan and others relative to the issuance of certified birth records to Native Americans,— and recommending that the same be referred to the committee on Tourism, Arts and Cultural Development.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Pacheco) “congratulating Joseph G. Kelly, Jr. on the occasion of his Court of Honor”.

PAPERS 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 and laid before the Governor for his approbation, to wit:

Authorizing the conveyance of certain land in the town of Tewksbury to Robert W. Lafreniere (see House, No. 1421); and

Increasing the expenditure limit on revolving funds in the town of Brookline (see House, No. 4112).

Report of a Committee.

Ms. Menard, 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 the designation of a certain overpass in the city of New Bedford (House, No. 3838).

There being no objection, the rules were suspended, on motion of Mr. Knapik, 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 amending the designation of a certain overpass in the city of New Bedford.”

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 Senate Bill authorizing the town of Oxford to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 2161),— 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.

PAPERS FROM THE HOUSE.

Engrossed Rills.

An engrossed Bill amending the personnel powers of the town manager of the town of Framingham (see House, No. 3141) (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 and laid before the Governor for his approbation.

An engrossed Rill relative to creditable service for vocational education teachers (see Senate, No. 2057) (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 and again laid before the Governor for his approbation.

A Bill authorizing the town of Dracut to grant an additional license for the sale of wine and malt beverages not to be drunk on the premises (House, No. 4276,— on House, No. 4172) [Local approval received on House, No. 4172],— was read.
There being no objection, the rules were suspended, on motion of Mr. Knapik, 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 town of Dracut to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises.”

A Bill authorizing the town of Dracut to grant an additional license for the sale of wine and malt beverages not to be drunk on the premises (House, No. 4275,— on House, No. 4171) [Local approval received on House, No. 4171],— was read.

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, Ms. Tucker presented an amendment by striking out, in section 1, in line 4 the words “wine and malt” and inserting in place thereof the following words:— “all alcoholic”; and

By striking out the title and inserting in place thereof the following title:— “An Act authorizing the town of Dracut to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises.”
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with amendment.
Sent to the House for concurrence in the amendment.

Recess.

There being no objection, at twenty-two minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at seventeen minutes past twelve o’clock noon, the Senate reassembled, Mr. Rosenberg in the Chair.

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill further regulating salaries of public employees serving in the Armed Forces of the United States (see Senate, No. 2062, 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 and sent to the House for enactment.

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:

Further regulating salaries of public employees serving in the Armed Forces of the United States (see Senate, No. 2062, amended); and

Cancelling the preliminary election in the city of Methuen in the year 2005 (see Senate, No. 2163).

Order Adopted.

On motion of Mr. Knapik,—

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

Adjournment in Memory of Attorney Alec Gray.

The Senator from Middlesex, Suffolk and Essex, Mr. Barrios, presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of Attorney Alec Gray.

Alec was a former Assistant Attorney General in the Bellotti administration, general counsel to the Department of Social Services and most recently chief legal counsel to the Trial Court.

Accordingly, as a mark of respect to the memory of Alec Gray, at twenty-six minutes past twelve o’clock P.M. on motion of Mr. Knapik, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.