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, October 30, 2006.

Met according to adjournment at eleven o’clock A.M. (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).

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

Communication.

A communication from the Honorable Robert E. Travaglini, President of the Senate, announcing the appointment of Ms. Jean Mitchell to serve on the Special Commission on Ambulatory Surgical Centers (pursuant to Section 105 of Chapter 39 of the Acts of 2006),— was placed on file.

Report.

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 October 2006 (received Friday, October 27, 2006),— was placed on file.

Petitions.

Petitions were presented and referred as follows:
By Mr. Augustus, a petition (accompanied by bill, Senate, No. 2736) of Edward M. Augustus, Jr. and Paul K. Frost (by vote of the town) for legislation to authorize the Division of Capital Asset Management and Maintenance to grant a certain permanent sewer easement to the town of Millbury;
Under Senate Rule 20, to the committee on Bonding, Capital Expenditures and State Assets.
By the same Senator, a petition (accompanied by bill, Senate, No. 2735) of Edward M. Augustus, Jr. and Paul K. Frost (by vote of the town) for legislation relative to the sewerage facilities and betterments in the town of Millbury [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

Mr. Pacheco presented a petition (subject to Joint Rule 12) of Marc R. Pacheco, Steven C. Panagiotakos, James H. Fagan, David L. Flynn and other members of the General Court for legislation to debar employers who violate federal immigration laws from contracting with the Commonwealth,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Spilka, for the committee on Children and Families, on petition, a Bill requiring equal benefits for all new mothers (Senate, No. 2731),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committee Discharged.

Ms. Murray, for the committee on Ways and Means, reported, asking to be discharged from further consideration of the Senate Bill requiring certain safety devices in the controlling compartment of all railroad locomotives operated within the Commonwealth (Senate, No. 1959),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5327) of John H. Rogers and Marian Walsh (by vote of the town) relative to the retirement status of Joseph Fernandes, a disabled former police officer in the town of Norwood;
To the committee on Public Service.
Petition (accompanied by bill, House, No. 5326) of Cleon H. Turner and Robert A. O’Leary (by vote of the town) that the town of Dennis be authorized to include a voluntary donation check off on property tax bills and establish a fund to assist the poor;
To the committee on Revenue.

A Bill releasing a non-development covenant restriction on certain land in the town of Leicester (House, No. 5143,— on petition,— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to the safe operation of railroad cars or locomotives (House, No. 2143,— on petition);
Relative to the Middlesex Canal Commission (House, No. 4280,— on House, No. 1329);
Designating the town of Natick as the Home of Champions and the city of Brockton as the City of Champions (House, No. 4958,— on House, No. 3489); and
Relative to the establishment of a voluntary health records registry for biological parents of adopted persons (House, No. 5031,— on House, No. 2749);
Were severally read and, under Senate Rule 26, referred to the committee on Senate Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Chandler) “honoring Holden Fire Chief Edward J. Stark, Jr.”; and
Resolutions (filed by Ms. Resor and Ms. Chandler) “honoring Mr. Thomas Lowe for his accomplishments and contributions to the town of Northborough.”

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 further regulating review of fence viewers’ rulings (House, No. 4749) (its title having been changed by the committee on Bills in the Third Reading)— was read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first three 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 (Mr. Havern) and laid before the Governor for his approbation, to wit:
Establishing the Freedom’s Way Heritage Area and Commission (see Senate, No. 1852, amended);
Further regulating the consignment of fine art (see Senate, No. 2461);
Exempting from inspection certain electrical substation air tanks (see Senate, No. 2696);
Exempting the position of school custodian in the town of Hull from the civil service law (see House, No. 4208);
Exempting the position of superintendent of streets of the town of Hull from the civil service law (see House, No. 4309);
Exempting the position of deputy chief of the fire department of the city of Easthampton from the civil service law (see House, No. 4537);
Designating in the towns of Arlington, Lexington, Lincoln and Concord a scenic byway to be known as The Battle Road: The Road to Revolutions (see House, No. 5222); and
Designating a certain bridge in the city of Lawrence as the Charles F. Nyhan, Sr. bridges. (see House, No. 5296).

Order Adopted.

Mr. Baddour presented the following order:
Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Transportation be granted until Wednesday, November 15, 2006 within which time to make its final report on current Senate number 2721.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Buoniconti, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tisei, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Order Adopted.

On motion of Mr. Tisei,—
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.

Adjournment in Memory of Second Lieutenant Joshua L. Booth.

The Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer, presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of Second Lieutenant Joshua L. Booth of Sturbridge.

Marine Corps Second Lieutenant Joshua Loren Booth of Sturbridge, 23, died Tuesday, October 17, 2006, of combat injuries received while on active duty in Haditha, Iraq. He was a devoted husband and father; a loving son, brother and uncle; and a proud Marine who loved his country and was devoted to his men.
Accordingly, as a mark of respect to the memory of Second Lieutenant Joshua L. Booth, at four minutes past eleven o’clock A.M., on motion of Mr. Knapik, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.