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 19, 2006.

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

Distinguished Guests.

There being no objection, the Chair (Ms. Chandler) handed the gavel to Mr. Tarr for the purpose of an introduction. Mr. Tarr then introduced the 4th grade class from the Annie Sargent School in North Andover who were visiting the State House today to learn about state government.

Communications.

The following communications were severally placed on file.
Communication from the Board of Higher Education (under the provisions of Section 7 of Chapter 150E of the General Laws) submitting a copy of a request for an appropriation to fund certain Fiscal Year 2007 incremental cost items contained in a Collective Bargaining Agreement executed by and between the Board of Higher Education and the Massachusetts Community College Council (MCCC) (received Friday, October 6, 2006); and
Communication from the Board of Higher Education (under the provisions of Section 7 of Chapter 150E of the General Laws) submitting a copy of a request for an appropriation to fund certain Fiscal Year 2007 incremental cost items contained in a Collective Bargaining Agreement executed by and between the Board of Higher Education and the Association of Professional Administrators, MTA/NEA (received Friday, October 13, 2006).

Reports.

The following reports were severally read and sent to the House for its information:
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 MCI Plymouth (received Thursday, October 12, 2006);
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 Barnstable County Correctional Facility (received Thursday, October 12, 2006); and
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 Suffolk County Jail (received Thursday, October 12, 2006).

Petitions.

Mr. Morrissey presented a petition (accompanied by bill, Senate, No. 2730) of Michael W. Morrissey and Robert J. Nyman (by vote of the town) for legislation to authorize the town of Rockland to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.
Sent to the House for concurrence.

Mr. Lees presented a petition (subject to Joint Rule 12) of Brian P. Lees for legislation relative to retirement provisions for Daniel Dirico,— 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. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on petition, a Bill amending the conveyance of a certain parcel of land in the town of Grafton (Senate, No. 2726, changed in section 2 by striking the number “99”, in line 24, and inserting in place thereof the number “50”); and
By the same Senator, for the same committee, on petition, a Bill authorizing the Commissioner of Capital Asset Management and Maintenance to grant a certain easement in the town of Belchertown (Senate, No. 2727);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Antonioni, Augustus, Barrios, Berry, Buoniconti, Brewer, Ms. Chandler, Mr. Creedon, Ms. Creem, Ms. Fargo, Messrs. Hart, Havern, Hedlund, Ms. Jehlen, Messrs. Joyce, Knapik, Lees, McGee, Ms. Menard, Messrs. Montigny, Moore, Morrissey, Ms. Murray, Messrs. O’Leary, Pacheco, Panagiotakos, Ms. Resor, Mr. Rosenberg, Ms. Spilka, Messrs. Tarr, Timilty, Tolman, Travaglini, Ms. Tucker, Ms. Walsh and Ms. Wilkerson) “congratulating Kathleen A. Kelley on the occasion of her retirement”;
Resolutions (filed by Mr. Augustus and Ms. Chandler) “recognizing YWCA/Daybreak Resources”;
Resolutions (filed by Mr. Barrios) “congratulating Kathy Kelley on the occasion of her retirement from the Massachusetts Federation of Teachers”;
Resolutions (filed by Mr. Knapik) “celebrating National Magic Week”;
Resolutions (filed by Mr. Lees) on the occasion of the seventieth anniversary of the founding of Big Y Supermarkets”; and
Resolutions (filed by Mr. Morrissey) “on the occasion of the twenty-fifth anniversary of Neighborhood housing Services of the South Shore.”

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted; Engrossed Bills Enacted.

An engrossed Bill postponing the requirement for installation of carbon monoxide alarms in certain residential buildings (see House, No. 5139), 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 4 to 0.
The bill was signed by the Acting President (Ms. Chandler) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Ms. Chandler) and laid before the Governor for his approbation.

An engrossed Bill establishing a sick leave bank for Leo D. Shea, an employee of the Trial Court (see House, No. 5252), 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 4 to 0.
The bill was signed by the Acting President (Ms. Chandler) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Ms. Chandler) and laid before the Governor for his approbation.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a Massachusetts work family council (House, No. 4216),— ought to pass, with an amendment striking out the emergency preamble (inserted by the House Committee on Bills in the Third Reading); in section 1, by striking out, in line 14, the words “and Workforce Development” and inserting in place thereof the words:— “; the director of the department of workforce development”; and in said section 1, by striking out, in lines 74 to 77, inclusive, the words “Identify representatives of groups with important stakes in resolving specific work-family issues and devising processes for bringing the groups together to promote mutual understanding as the basis for coordinated problem-solving;” and inserting in place thereof the following words:— “Identify representatives of groups that resolve specific work-family issues and devise processes for bringing the groups together to promote mutual understanding as the basis for coordinated problem-solving”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
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.

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 relative to the charter of the city of Somerville (House, No. 4642), was read a second time.
Ms. Jehlen presented an amendment in section 2, by inserting after the words “waterworks,”, in line 15, the following words:— “an operations manager of waterworks; a non-emergency telephone service director;
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act amending the charter of the city of Somerville.”
Sent to the House for concurrence in the amendment.

The House Bill 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),— 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 city of Salem to grant an additional license for the sale of wines and malt beverages to be drunk on the premises”.

PAPERS FROM THE HOUSE.

A Bill relative to the conservation commission of the town of West Bridgewater (House, No. 4875,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Havern, 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 appointment of alternative members to the Conservation Commission of the town of West Bridgewater”.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill the disposition of excess fees collected by constables relative to the reporting of fees and (see House, No. 3576) [for message, see House, No. 4845],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:—
By striking out the first sentence and inserting in place thereof the following sentence:
“Constables appointed under sections 91, 91A, and 91B or otherwise elected to serve as constables in a city or town shall periodically pay the city or town in which the constable is appointed or elected 25 per cent of all fees the constable collects for the service of civil process under the fee structure established in section 8 of chapter 262.”.
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Mr. Brown, and the Governor’s amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

Engrossed Bills.

The following engrossed bills (the first 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 (Ms. Chandler) and laid before the Governor for his approbation, to wit:
Relative to Quincy College (see Senate, No. 2523);
Regulating health examinations for private school children (see House, No. 3637);
Relative to the board of the health in the town of North Andover (see House, No. 4863); and
Relative to data collection for government assisted housing in Massachusetts (see House, No. 4978, amended).

Engrossed Resolve.

An engrossed Resolve providing for an investigation and plan by a special commission relative to ending homelessness in the Commonwealth (see House, No. 5206, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was re-passed and was signed by the Acting President (Ms. Chandler) and again laid before the Governor for his approbation.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Paul LaFrance, an employee of the Department of Correction (see House, No, 5307), 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 4 to 0.
The bill was signed by the Acting President (Ms. Chandler) and sent to the House for enactment.

Recess.

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

PAPERS FROM THE HOUSE.

The House Bill relative to health care access (House, No. 5240),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out after the enacting clause and inserting in place thereof the text of Senate document numbered 2717 with a further amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5320.
The rules were suspended, on motion of Ms. Spilka, and the House amendment was considered forthwith and adopted, in concurrence.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for Paul LaFrance, an employee of the Department of Correction (see House, No. 5307) (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 (Ms. Chandler) and laid before the Governor for his approbation.

Recess.

There being no objection, at ten minutes past twelve o’clock noon, the Chair (Ms. Chandler) declared a recess subject to the call of the Chair; and, at twenty-three minutes past one o’clock P.M., the Senate reassembled, 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).

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to health care access (see House, No. 5240, 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 (Mr. Havern) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Havern) and laid before the Governor for his approbation.

Engrossed Bill.

An engrossed Bill authorizing the city of Salem to grant an additional license for the sale of wines and malt beverages to be drunk on the premises (see House, No. 5272) (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 (Mr. Havern) and laid before the Governor for his approbation.

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.