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, September 7, 2006.

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

Communications.

A communication was received from the Honorable Robert E. Travaglini, President of the Senate announcing his appointments to the Special Commission established (pursuant to Section 114 of Chapter 58 of the Acts of 2006) to “examine and study the impact of merging the non-group insurance market as defined in Chapter 176M of the General Laws and small-group health insurance market as defined in chapter 176J of the General Laws”.
The President has appointed the following:
Senator Dianne Wilkerson, Chairwoman of the Committee on State Administration and Regulatory Oversight in the Senate.
Karen Swartz, Health Economist and Professor of Health Policy and Economics at the Department of Health Policy and Management at Harvard School of Public Health.
Gary Lin, Chief Actuary at Harvard Pilgrim Health Care, as the Senate-appointed actuary.
The President also announced the appointment to the Special Commission established (pursuant to Subsection 16N of Section 3 of Chapter 58 of the Acts of 2006) to study the feasibility of reducing or eliminating the contribution made by contributing employers to the Uncompensated Care Trust Fund of Senator Richard T. Moore, Chairman of the Committee on Health Care Financing and Senator Stephen J. Buoniconti, Chairman of the Senate Committee on Ethics and Rules.
The communication was placed on file.

A communication from Middlesex Community College submitting a copy of the procedures that the Board of Trustees of Middlesex Community College adopted by vote taken on November 30, 2004, pursuant to the provisions of Section 15E of Chapter 15A of the General Laws (received Tuesday, August 22, 2006),— was placed on file.
A communication from the Hampden County Sheriff’s Office relative to corrective measures taken pursuant to a Department of Public Health Inspection of the Hampden County Sheriff’s Department and Correctional Center on May 31 and June 6, 2006 (received Wednesday, September 6, 2006),— was read and sent to the House for its information.

Reports.
The following reports were severally read and placed on file:
A report of the Worcester Regional Transit Authority (under the provisions of Chapter 161B of the General Laws) submitting its annual report for fiscal year 2005 (received Thursday, August 24, 2006);
A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the condition of the Unemployment Insurance Trust Fund for the month of July 2006 (received Friday, August 25, 2006);
A report of the Boston University/Chelsea Partnership (under the provisions of Section 13 of Chapter 133 of the Acts of 1989) submitting its legislative report for 2005-2006 (received Friday, September 1, 2006); and
A report of the Massachusetts Capital Resource Company (under the provisions of Section 12 of Chapter 816 of the Acts and Resolves of 1977) relative to the current statue of the Massachusetts Capital Resource Company (received Wednesday, September 6, 2006).

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5284) of Paul C. Casey (by vote of the town) that the town of Winchester be authorized to grant an additional license for the sale of alcoholic beverages not to be drunk on the premises;
To the committee on Consumer Protection and Professional Licensure.
Petition (accompanied by bill, House, No. 5286) of Peter V. Kocot (by vote of the town) that the town of Hatfield be authorized to establish procedures for the recall of certain public officials of said town; and
Petition (accompanied by bill, House, No. 5287) of Charles A. Murphy and Robert A. Havern (by vote of the town) relative to referendum petitions and procedures in town meetings in the town of Burlington;
Severally to the committee on Election Laws.
Petition (accompanied by bill, House, No. 5288) of Philip Travis and James E. Timilty (by vote of the town) for legislation to establish an agricultural and natural resources preservation council in the town of Rehoboth;
To the committee on Municipalities and Regional Government.

A Bill authorizing the town of Hopkinton to acquire certain real property in the towns of Upton and Milford (House, No. 4867,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.
The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Barrios) “congratulating Carl F. Barron on the occasion of his ninetieth birthday”;
Resolutions (filed by Mr. Panagiotakos) “honoring His Eminence Metropolitan Methodios of Boston”; and
Resolutions (filed by Ms. Wilkerson) “honoring Maloney Properties, Inc. on its twenty-fifth year anniversary.”

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to lease certain property in the town of Tewksbury (see Senate, No. 2609) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was laid before the Senate.
Pending the question on passing the bill to be enacted, Mr. Brown moved that the matter be recommitted to the committee on Bills in the Third Reading, with instructions as to the applicability of Article 97 of the Amendments to the Constitution, and this motion prevailed;
Subsequently, Mr. Brewer, for the said committee on Bills in the Third Reading, reported, that Article 97 of the Amendments to the Constitution does not require a two-thirds roll call vote to enact the bill, based on information received from the Executive Office of Environmental Affairs and the Department of Public Health, the advice of Counsel to the Senate, and the opinion of the office of Counsel to the House of Representatives.
The engrossed Bill (see Senate, No. 2609)(which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was then passed to be enacted and was signed by the Acting President (Mr. Hart) and laid before the Governor for his approbation.

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 relative to hearings of the Division of Medical Assistance (House, No. 2681, changed),— 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 further regulating hearings for residents of nursing
facilities”.

Recess.

There being no objection, at eleven minutes past eleven o’clock A.M., the Chair Mr. Hart declared a recess subject to the call of the Chair; and, at three minutes before twelve o’clock noon, the Senate reassembled, Mr. Hart in the Chair.

Message from the Governor.

A message from His Excellency the Governor (under the pro-visions of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to a special election in the town of East Brookfield (accompanied by bill, Senate, No. 2718) (received in the office of the Clerk of the Senate on Thursday, September 7, 2006 at sixteen minutes before twelve o’clock noon),— was referred to the Senate committee on Ethics and Rules.
Subsequently, Mr. Buoniconti, for the said committee on Ethics and Rules, on the message of His Excellency the Governor, reported, a Bill relative to a special election in East Brookfield (printed in Senate, No. 2718).
There being no objection, the rules were suspended, on motion of Mr. Brown, 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 relative to a special election in the town of East Brookfield.”
Sent to the House for concurrence.

Order Adopted.

On motion of Mr. Brown,—
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.

On motion of the same Senator, at one minute past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.