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, October 5, 2006.

Met at ten minutes past eleven o’clock A.M. (Mr. Havern in the Chair).

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

Reports.

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Bristol County Jail and House of Correction (received Friday, September 29, 2006),— was read and sent to the House for its information.

The following reports were severally read and placed on file:
A report of the State Ethics Commission (under the provisions of section 2(1) of Chapter 268B of the General Laws) submitting its annual report for Fiscal Year 2006 (received Thursday, September 28, 2006);
A report of the Group Insurance Commission (under the provisions of Section 20 of Chapter 32A of the General Laws) submitting its annual report on vendor quality improvement activities (received Friday, September 29, 2006);
A report of the Department of Public Health (pursuant to Section 2 of Chapter 111 of the General Laws) submitting the 1997 Annual Report, Vital Statistics of Massachusetts (received Friday, September 29, 2006); and
A report of the Economic Stabilization Trust (under the provisions of Section 14 of Chapter 23D of the General Laws) submitting its annual report for fiscal year 2006 (received Monday, October 2, 2006).

Petitions.

Mr. Joyce presented a petition (accompanied by bill, Senate, No. 2724) of Brian A. Joyce, Joseph R. Driscoll, Bruce J. Ayers and Walter F. Timilty (by vote of the town) for legislation to amend the representative form of the town meeting in Randolph [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.

Mr. Pacheco presented a petition {subject to Joint Rule 12) of Marc R. Pacheco, Joan M. Menard, William M. Straus and Susan W. Gifford for legislation relative to the Wareham Fire District,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill creating the city of Taunton’s Economic Development Fund (Senate, No. 2714, changed in section 1 by striking out the words:— “not withstanding the provisions” in line 17 and in lines 18 through 21 by striking out the words “, Section 5 of the Massachusetts General Laws, and also, the Act of 1993 and in 751 CMR 11:00 and 402 CMR 2:00 and regulated by the Department of Revenue”.) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill authorizing certain terms for borrowing by the town of Falmouth for the acquisition and operation of a golf course (Senate, No. 2720) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor (accompanied by bill, House, No. 5308) of (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating certain results of the annual town election in the town of Boxborough,— was referred, in concurrence, to the committee on Election Laws.

A Bill relative to the use of out-of-state motor vehicle licenses as valid identification (House, No. 2218,— on petition),— was read, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the charter of the city of Somerville (House, No. 4642,— on petition) [Local approval received];
Relative to the town of Warwick Free Public Library (House, No. 4947,— on petition) [Local approval received]; and
Authorizing the city of Salem to grant an additional license for the sale of wine and malt beverages to be drunk on the premises (House, No. 5272,— on House, No. 5045) [Local approval received];
Were severally 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. Creedon) “commending Private Robert S. Cone”;
Resolutions (filed by Mr. Moore) “congratulating Raymond ‘Ray’ W. Richards upon his election as State Commander of the Disabled American Veterans”;
Resolutions (filed by Messrs. Morrissey, Brown, Creedon, Hedlund, Joyce, Montigny and Pacheco) “on the fiftieth anniversary of Jack Conway & Company, Inc.”;
Resolutions (filed by Messrs. Timilty and Joyce) “congratulating David I. Clifton on the occasion of his retirement from the Sharon Recreation Department”;
Resolutions (filed by Mr. Travaglini) “commemorating the observance of ‘Performance Recognition Day’”;
Resolutions (filed by Ms. Wilkerson) “honoring Armindo Goncalves”; and
Resolutions (filed by Ms. Wilkerson) “honoring Dr. Jose Maria Neves.”

Report of a Committee.

By Mr. Buoniconti, for the committee on Ethics and Rules, on Senate, No. 2413, in part, a “Bill relative to the status of the cooperative corporations in the community preservation act” (Senate, No. 2367).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Tarr presented an amendment, substituting a new draft entitled “An Act regulating exemptions for cooperative corporations under the Community Preservation Act” (Senate, No. 2725).
The amendment was adopted.
The bill (Senate, No. 2725) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 providing for recall elections in the town of Littleton (House, No. 4072),— was read a second time. Pending the question on ordering the bill to a third reading, Ms. Resor moved that the bill be amended in section 3, by striking out, in line 11, the figure “75” and inserting in place thereof the following figure:- “100”; and in section 5, by striking out, in lines 9 to 11, inclusive, the words “days after receiving notification of election, the incumbent nevertheless shall thereupon be removed and the office shall remain vacant for the remainder of the unexpired term” and inserting in place thereof the following words:— “working days after receiving notification of election, the incumbent shall be considered removed and the position declared vacant”.
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 the amendment.
Sent to the House for concurrence in the amendment.

The House Bill relative to the Wayland wastewater management district commission (House, No. 4631),— was read a third time and passed to be engrossed, in concurrence.

The Senate Bill relative to the survivor benefits of Arline Grammo (Senate, No. 2314),— was read a second time.
Pending the question on ordering the bill to a third reading, on motion of Ms. Resor the bill was referred to the Senate committee on Ways and Means.

PAPERS FROM THE HOUSE.

A Bill relative to the Cambridge retirement system (House, No. 4460,— on petition) [Local approval received],— was read.
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, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act granting creditable service to certain members of the Cambridge Retirement System.”

The House Bill providing for the annual observance of Massachusetts History Day (House, No. 3465),— 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 contained in Senate document numbered 2577; and striking out the title and inserting in place thereof the following title: “An Act Designating the Annual Observance of Massachusetts History Day and Establishing A Special Commission on Civil Engagement and Learning”, with a further amendment in section 2, in lines 2 to 7, inclusive, by striking out the following: “3 members of the senate, including the senate chair of the joint committee on education, to be appointed by the president of the senate; 3 members of the house of representatives, including the house chair of the joint committee on education, to be appointed by the speaker of the house of representatives” and inserting in place thereof the following: “3 members of the senate, 2 of whom shall be appointed by the president of the senate, including the senate chair of the joint committee on education, and 1 of whom shall be appointed by the senate minority leader; 3 members of the house of representatives, 2 of whom shall be appointed by the speaker of the house of representatives, including the house chair of the joint committee on education, and 1 of whom shall be appointed by the house minority leader”.
The rules were suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith and adopted, in concurrence.

Petition.

On motion of Ms. Resor, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Morrissey, (accompanied by bill) of Michael W. Morrissey for legislation to protect electricity consumers and the appropriation process from solicitation or acceptance of utility tariff-based funding for government activities,— and the same was referred to the committee on Telecommunications, Utilities and Energy.
Sent to the House for concurrence.

Reports of Committees.

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 Marian Walsh for legislation to exempt Brian J. Donoghue of Norwood from the maximum age requirements for appointment as a firefighter in the town of Norwood.
Senate Rule 36 was suspended, on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5311) of Anthony Cataldo and Paul J. Donato for legislation to designate a certain bridge in the city of Medford as the Anthony Annino Bridge,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.

Order Adopted.

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

On motion of Ms. Resor, at twenty minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.