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.


Seal of the Commonwealth of Massachusetts


Thursday, November 9, 2006.

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


The following communications were severally placed on file:
Communication from the Executive Office of Transportation (pursuant to line items 6000-0100 and 6010-0001 of the General Appropriation Act for Fiscal Year 2007 and Chapter 87 of the Acts of 2000) submitting various reports (received Monday, November 6, 2006); and
Communication from Wonderland Greyhound Park, Inc. (under the provisions of Section 2 of Chapter 128C of the General Laws) submitting copies of simulcasting contracts entered into by Wonderland (received Wednesday, November 8, 2006).

Report of a Committee.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition (accompanied by bill, Senate, No. 2722), a Bill relative to the Railroad Depot Contamination Remediation and Redevelopment Project of the city of New Bedford (Senate, No. 2742) [Local approval received on Senate, No. 2722];
Read and, under Joint Rule 1F, referred to the committee on Bonding, Capital Expenditures and State Assets.


Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5329) of Robert L. Rice, Jr. and Robert A. Antonioni (with the approval of the mayor and city council) for legislation to authorize the city of Gardner to grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises;
To the committee on Consumer Protection and Professional Licensure.
Petition (accompanied by bill, House, No. 5330) of William G. Greene, Jr., (by vote of the town) that the board of selectmen in the town of Billerica be authorized to lease the Billerica Museum;
To the committee on Municipalities and Regional Government.


The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. O’Leary, Ms. Murray and Mr. Tisei) “on the retirement of Representative Shirley Gomes.”

Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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. Murray) and laid before the Governor for his approbation, to wit:
Protecting children from persons who offer to pay for sexual contact (see House, No. 859, amended);
Authorizing payroll deductions to support higher education (see House, No. 1256);
Designating Benjamin Franklin as the official inventor of the Commonwealth (see House, No. 4690);
Regulating the appointment of police officers in the town of Boxford (see House, No. 5048);
Providing certain benefits for call firefighters in the town of Wenham (see House, No. 5141); and
Authorizing the town of Ipswich to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 5182).

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 Brian P. Lees for legislation relative to retirement provisions for Daniel Dirico.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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.


On motion of Mr. Tarr, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Brown, (accompanied by bill) of Scott P. Brown for legislation to authorize the state retirement board to grant a certain pension to James R. Johnson,— and the same was referred to the committee on Public Service.
Sent to the House for concurrence.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a personal leave bank for Michael LoPriore, an employee of the Massachusetts Trial Court (House, No. 5325, changed),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2745; and striking out the title and inserting in place thereof the following title: “An Act establishing a sick leave bank for Michael LoPriore, an employee of the Trial Court”.
The rules were suspended, on motion of Mr. Tisei, 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.

Order Adopted.

On motion of Mr. Tarr,—
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 Mr. Tisei, at a half past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.