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 28, 2006.

Met at two minutes past eleven o’clock A.M. (Mr. Tolman 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. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2714) of Marc R. Pacheco, Patricia A. Haddad, James H. Fagan and Stephen R. Canessa (with the approval of the mayor and city council) for legislation to create the city of Taunton’s Economic Development Fund [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
By Mr. Joyce, a petition (accompanied by bill, Senate, No. 2713) of Brian A. Joyce (by vote of the town) for legislation to regulate certain insurance benefits for elected officials of the town of Easton [Local approval received];
Under Senate Rule 20, to the committee on Public Service.
Severally sent to the House for concurrence.

PAPER FROM THE HOUSE.

A Bill revising the South Grafton Water District boundaries (House, No 5066,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brown, Ms. Creem, Messrs. Barrios and Havern, Ms. Spilka and Ms. Wilkerson) “congratulating the Charles River Arc on its 50th anniversary”;
Resolutions (filed by Mr. Joyce) “congratulating St. Mary of the Hills Catholic Church of Milton upon its 75th anniversary”; and
Resolutions (filed by Mr. Knapik) “congratulating the Luchini family.”

Reports of Committees.

By Mr. Buoniconti, for the committee on Rules of the two branches, acting concurrently, that Joint Rules 12 and 7B be suspended on the Senate petition of Patricia D. Jehlen (with the approval of the mayor and city council) for legislation to pertain to off-duty work details or special details performed by public employees in the city of Somerville [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rules 12 and 7B were suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of David J. Saliba, Esq. for legislation relative to the valuation of real property.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

The House Bill relative to the economic development of the Commonwealth (House, No. 5253, amended),— came from the House with the endorsement that the House had concurred in the further Senate amendment (striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2712) with a still further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5277.
The rules were suspended, on motion of Mr. Knapik, and the House still further amendment was considered forthwith.
Mr. Hart presented a motion that the Senate concur with the still further House amendment with a still further amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2715.
The motion was accepted; and the amendment was adopted.
Sent to the House for concurrence in the still further amendment.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Karen W. Boyson, an employee of the Trial Court (see House, No. 5189), 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 vote of 2 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (all 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. Tolman) and laid before the Governor for his approbation, to wit:
Further regulating senior housing (see House, No. 3189, amended);
Requiring triple damage for wage violations (see House, No. 4663); and
Providing for health care coverage for certain prosthetic devices (see House, No. 5256).

There being no objection, at eighteen minutes before twelve o’clock noon, the Chair (Mr. Tolman), declared a recess subject to the call of the Chair; and, at nineteen minutes past three o’clock P.M., the Senate reassembled, Mr. Tolman in the Chair.

PAPERS FROM THE HOUSE.

The House Bill relative to the economic development of the Commonwealth (House, No. 5253, amended),— came from the House with the endorsement that the House had concurred in the still further Senate amendment (striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2715) with a still further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5278.
The rules were suspended, on motion of Mr. Knapik, and the House still further amendment was considered forthwith.
Mr. Hart presented a motion that the still further House amendment be divided and that the Senate concur in Sections 1 to 13, inclusive; and further moves to strike out Section 14, (as printed in House, No. 5278) and insert in place thereof the following section:—
“SECTION 14. Notwithstanding any general or special law to the contrary, the state secretary shall cause a nonbinding question relative to the permanent government structure for the ongoing operation and administration of the Devens Regional Enterprise Zone to be placed on the official ballots to be used in the towns of Ayer, Harvard and Shirley at the state general election to be held on November 7, 2006. The question shall only be included on the official ballots in those towns only if the form of the question has been agreed upon in writing by the board of selectmen in the town of Ayer, the board of selectmen in the town of Harvard and the board of selectmen in the town of Shirley and submitted to the state secretary not later than 5:00 p.m. on September 8, 2006.”
The motion was accepted; the Senate then concurred in the further House amendments in sections 1-13, inclusive, and NON-concurred in section 14 by striking out said section and inserting a new section 14 (as corrected by BTR).
Sent to the House for concurrence.

Engrossed Bills.

The following engrossed bills (all 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. Tolman) and laid before the Governor for his approbation, to wit:
Establishing the Cohasset Library Trust, Inc. (see House, No. 4840, amended)
Authorizing the Massachusetts Water Resources Authority to supply sewer services to certain property in the town of Hingham (see House, No. 5010); and
Establishing a sick leave bank for Karen W. Boyson, an employee of the Trial Court (see House, No. 5189).

Order Adopted.

On motion of Mr. Knapik,—
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 the same Senator, at eighteen minutes before five o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.