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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Wednesday, October 26, 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 Norfolk, Bristol and Middlesex, Mr. Brown led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Communications.

The following communications were severally placed on file, to wit:

A communication from the Honorable James E. Timilty, in compliance with Massachusetts General Laws Chapter 268A.

A communication from the Hampden County Sheriff’s Office submitting a copy of its plans of action which outline corrective measures taken in response to the September 14th and 20th, 2005 inspection of the Hampden County Sheriff’s Department and Correctional Center (received Monday, October 24, 2005).

Petitions.

Petitions were presented and referred, as follows:

By Mr. Panagiotakos, a petition (subject to Joint Rule 12) of Steven C. Panagiotakos, David M. Nangle, Kevin J. Murphy, Thomas A. Golden, Jr. and others of the General Court for legislation relative to lifetime community parole;

By Mr. Tarr, a petition (subject to Joint Rule 12) of Bruce E. Tarr, Susan C. Fargo, Geoffrey D. Hall and Robert B. Noonan for legislation to adjust the pension wages of Robert B. Noonan, a retired teacher in the Chelmsford School System; and

By Mr. Travaglini (by request), a petition (subject to Joint Rule 12) of Paul LaCamera for legislation to provide protection against compelled disclosure of certain information by the news media;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition (accompanied by bill, Senate, No. 536), a Bill relative to the toxic use reduction act (Senate, No. 2250);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill relative to the term of the Cape Cod Mosquito Control Commissioner (Senate, No. 2099);
Read and under 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. Barrios) “honoring Katherine F. Abbott”;

Resolutions (filed by Mr. Brown) “on the occasion of the retirement of Firefighter Raymond S. Bennett”;

Resolutions (filed by Mr. Brown) “on the occasion of the retirement of Firefighter Christopher Cowley”;

Resolutions (filed by Mr. Joyce) “honoring Fuller Village”;

Resolutions (filed by Mr. O’Leary) “congratulating Cape Regency on the occasion of the grand opening of its Candlewood Unit”;

Resolutions (filed by Mr. O’Leary) “recognizing the Provincetown Art Association and Museum”;

Resolutions (filed by Mr. Pacheco) “congratulating Andrew Thomas Madden upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mr. Pacheco) “congratulating Timothy Michael Murphy upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mr. Timilty) “congratulating John V. Hogan”; and

Resolutions (filed by Ms. Walsh) “congratulating Kaye Barsamian on the occasion of her sixtieth birthday.”

Reports of Committees.

Mr. Buoniconti, 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 Senate Bill to promote organ and tissue donations and reduce preventable deaths (Senate, No. 1240) (the committee on Health Care Financing having recommended that the bill be amended by substituting a new draft entitled “An Act relative to organ and tissue donations” (Senate, No. 2236).

The rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was amended, as previously recommended by the committee on Health Care Financing, substituting a new draft entitled “An Act relative to organ and tissue donations” (Senate, No. 2236).
The bill (Senate, No. 2236) was then ordered to a third reading.

Mr. Buoniconti, 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 Senate Bill relative to the on-premises consumption of wine (Senate, No. 2213).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was ordered to a third reading.

Mr. Buoniconti, 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 establishing the Massachusetts principal and income act (House, No. 760).
Mr. Augustus moved to suspend the rules to consider the matter forthwith; but objection was made thereto by Mr. Brown.
Under the rules, placed in the Orders of the Day for the next session.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill to facilitate homeowners remediating heating oil spills (Senate, No. 538),— ought to pass, with amendments in section 1, by striking out the word “tank”, in line 3, and inserting in place thereof the word:— “from”; in section 1, by inserting after the words “or natural gas”, in line 5, the following word:— “from”; in section 3, by striking out the paragraph in lines 37 to 41, and inserting in place thereof the following paragraph:

“(e) The board of fire prevention regulations within the department of fire services, in coordination with the department of public safety, shall adopt regulations to carry out the purposes of this section. All such rules and regulations shall be filed with the joint committee on public safety and homeland security not less than 60 days before their effective dates”; and by striking out section 6 and inserting in place thereof the following section:—

“SECTION 6. The board of fire prevention regulations shall adopt the initial regulations required by subsection (e) of section 38J of chapter 148 of the General Laws, inserted by section 3 of this act, within 1 year after the effective date of this act.”.
The rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 538, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to elevator license examinations (Senate, No. 2216),— ought to pass.
Mr. Augustus moved that the rules be suspended to consider the matter forthwith; but objection was made thereto by Mr. Brown.
Referred, under Senate Rule 26, to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4450) of Michael A. Costello and Steven A. Baddour for legislation to authorize the Department of Revenue to establish a sick leave bank for Maureen Quinney, an employee of said department,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill relative to the installation of carbon monoxide alarms and smoke detectors in residential buildings (see Senate, No. 2152, amended) (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 enacted and was signed by the Acting President and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Augustus,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.

On motion of Mr. Brown, at nineteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.