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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, December 1, 2005.

Met at one minute past eleven o’clock A.M. (Mr. Tolman 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. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Report.

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 Hampshire County Jail and House of Correction (received Wednesday, November 23, 2005),— was read and sent to the House for its information.

Petitions.

Ms. Murray presented a petition (accompanied by bill, Senate, No. 2300) of Therese Murray (by vote of the town) for legislation relative to health insurance for paid elected officials in the town of Sandwich [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Public Service.
Sent to the House for concurrence.

Petitions were presented and referred, as follows:

By Mr. Barrios, a petition (subject to Joint Rule 12) of Jarrett T. Barrios for legislation relative to clarifying disability retirement benefits for veterans;

By Mr. Knapik, a petition (subject to Joint Rule 12) of Michael R. Knapik and John W. Scibak for legislation to provide for a partial release of certain land in Easthampton from the operation of an agricultural preservation restriction; and

By Ms. Murray, a petition (subject to Joint Rule 7B) of Therese Murray for legislation to authorize an easement or lease of land by the conservation commission of the town of Falmouth;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Jehlen, for the committee on Public Service, on Senate, Nos. 1400 and 1496 and House, Nos. 205 and 470, a Bill relative to creditable service for out-of-state public school teaching (Senate, No. 1400, changed in Section 1, by striking out the words “the department of defense of” in line 7);

By the same Senator, for the same committee, on Senate, Nos. 1473, 1493, 1495 and 1585 and House, Nos. 233, 234 and 283, a bi11 relative to nonpublic school service (Senate, No. 1585, changed in section 1 by striking out the word “ten”, in line 30 and inserting in place thereof the word “five”; and in said section by striking out the word “regular” in line 37 and inserting in place thereof the word “buyback”);

By the same Senator, for the same committee, on Senate, Nos. 1508, 1533 and 1614 and House, Nos. 321, 326 and 511, a Bill relative to the minimum pension for retirees (Senate, No. 2292);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1399), a Bill relative to certain employees of the Massachusetts Department of Fire Services (Senate, No. 2293);

By the same Senator, for the same committee, on Senate, Nos. 1522 and 1624 and House, Nos. 496 and 527, a Bill relative to 03 service as creditable service (Senate, No. 2294); and

By Mr. Morrissey, for the committee on Telecommunications, Utilities and Energy, on petition (accompanied by bill, Senate, No. 1834), a Bill to promote reliable and high quality utility service in the Commonwealth (Senate, No. 2295);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the Hampshire County Housing Authority (Senate, No. 2283);
Read and, under Rule 26, referred to the committee on Ethics and Rules.

By Mr. Augustus, for the committee on Election Laws, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 441) of Scott P. Brown, Brian P. Lees, Michael R. Knapik, Robert L. Hedlund and other members of the General Court for legislation relative to the appointment for a vacancy in the office of Congressional Senator;

On the petition (accompanied by bill, Senate, No. 442) of Scott P. Brown, Brian P. Lees, Richard R. Tisei, Bruce E. Tarr and other members of the General Court for legislation to require photo identification for the delivery of ballot; and

On the petition (accompanied by bill, Senate, No. 451) of Brian P. Lees, Richard R. Tisei, Bruce E. Tarr, Robert L. Hedlund and other members of the General Court for legislation relative to voter identification at polling places;
Severally referred, under Senate Rule 36, to the committee on Ethics and Rules.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill creating a board of registrars in the town of Swampscott (Senate, No. 2270) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 Barnstable County septic loan program (Senate, No. 2247, changed).

Committees Discharged.

Mr. McGee, for the committee on Labor and Workforce Development, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 272) of Mark C. Montigny, Steven A. Tolman, Richard R. Tisei, Robert M. Koczera and other members of the General Court for legislation to authorize the funding of capital expenditures for workforce development and adult basic education; and

Ms. Murray, for the committee on Ways and Means, reported, asking to be discharged from further consideration of the Senate Bill relative to public library construction funding (Senate, No. 1841);

And recommending that the same severally be referred to the committee on Bonding, Capital Expenditures and State Assets.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence in the reference to the joint committee.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4525) of James E. Vallee (with the approval of the town council) that the city known as the town of Franklin be authorized to issue two additional licenses for the sale of wine and malt beverages not to be drunk on the premises; and

Petition (accompanied by bill, House, No. 4535) of Marie J. Parente (by vote of the town) that the town of Milford be authorized to issue an additional license for the sale of wine and malt beverages not to be drunk on the premises to Jose and Theresa Cerqueira;
Severally to the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 4536) of William Smitty Pignatelli and Andrea F. Nuciforo, Jr. (by vote of the town) relative to designating districts for voting purposes in the town of Lee;
To the committee on Election Laws.

Petition (accompanied by bill, House, No. 4523) of Robert S. Hargraves and Steven C. Panagiotakos (by vote of the town) that the town of Groton be authorized to lease or transfer a certain portion of land located in the town forest to the West Groton Water Supply District;

Petition (accompanied by bill, House, No. 4524) of Daniel K. Webster (by vote of the town) for legislation to establish the position of town administrator in the town of Hanson; and

Petition (accompanied by bill, House, No. 4528) of Thomas J. O’Brien and Therese Murray (by vote of the town) for legislation to regulate the filing of applications for connections with the sewer commission of the town of Kingston;
Severally to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 4526) of Paul C. Casey and others (by vote of the town) that the administrator of the town of Stoneham be authorized to appoint special police officers from a list of laid-off police officers of said town;

Petition (accompanied by bill, House, No. 4527) of Paul C. Casey and others (by vote of the town) that special officers of the town of Stoneham be ineligible for assignment to police details in said town; and

Petition (accompanied by bill, House, No. 4537) of John W. Scibak and Michael R. Knapik (with the approval of the mayor and city council) that the position of deputy chief of the fire department of the city of Easthampton be exempt from the provisions of civil service law;
Severally to the committee on Public Service.

Reports

Of the committee on Transportation, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 3797) of James E. Vallee and Brian Paul Golden relative to subdivision roads accepted by municipalities,— and recommending that the same be referred to the committee on Municipalities and Regional Government.

Of the petition (accompanied by bill, House, No. 2030) of Matthew Theall relative to exemptions from the motor vehicle safety belt law; and

Of the petition (accompanied by bill, House, No. 2224) of Emile J. Goguen relative to equipment requirements for school buses;

And recommending that the same severally be referred to the committee on Public Safety and Homeland Security.

Of the petition (accompanied by bill, House, No. 3339) of J. James Marzilli, Jr., and others relative to roadway lighting on the Massachusetts Turnpike,— and recommending that the same be referred to the committee on Telecommunications, Utilities and Energy.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Notice was received from the House that the Speaker announced the following appointments:

That Representatives Cabral of New Bedford and Verga of Gloucester had been appointed to the special commission established (pursuant to section 28 of chapter 28 of the Acts of 1996) to develop scientific and socioeconomic research for the purpose of facilitating the recovery of the Commonwealth’s commercial fishing industry;

That Representatives Koutoujian of Waltham (Chairperson), Balser of Newton (Vice-Chairperson), Canavan of Brockton and Harkins of Needham and Christie Hager of Boston had been appointed to the special commission established (pursuant to item 4512-0200 of section 2 of chapter 149 of the Acts of 2004) to make an investigation and study of the diagnosis, prevention and treatment of cervical cancer in the Commonwealth;

That Representatives Petruccelli of Boston (Co-Chairperson) and Reinstein of Revere had been appointed to the special commission established (pursuant to section 36 of chapter 45 of the Acts of 2005) to review the effectiveness of the “Back to the Beaches” program; and

That Representative Smizik of Brookline had been appointed to the Department of Corrections Advisory Council established (pursuant to Executive Order No. 461) to study ways to improve safety and efficiency of the Massachusetts correctional system.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Messrs. Brown and Timilty) “congratulating Carolyn J. Tedino on her retirement from the Attleboro City Council, after 20 years of dedicated service”;

Resolutions (filed by Ms. Chandler) “congratulating the Milbank Memorial Fund on the occasion of its one hundredth anniversary”; and

Resolutions (filed by Mr. Flavern) “congratulating the Arlington Honors String Orchestra.”

Reports of a Committee.

Mr. Buoniconti, for the committee on Ethics and Rules, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate Bill designating a certain bridge in the town of Carver as the SFC Robert Rooney bridge (Senate, No. 1944).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill designating a certain bridge in the town of Dighton (Senate, No. 1945, changed).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating a certain bridge in the town of Dighton as the Lance Corporal John J. Van Gyzen memorial bridge.”

PAPERS FROM THE HOUSE.

A Bill providing for two associate conservation commission members in the town of Hanover (House, No. 4349,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill establishing the office of finance director in the city of Northampton (House, No. 4186, changed,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bill.

An engrossed Bill authorizing the town of Arlington to establish another postemployment benefits trust fund (see House, No. 4272) (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 and laid before the Governor for his approbation.

Committee of Conference.

The House Bill making appropriations for the fiscal year 2006 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4443),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2291), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives DeLeo of Winthrop, St. Fleur of Boston and deMacedo of Plymouth had been appointed the committee on the part of the House.
On motion of Mr. Tarr, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Murray, Tolman and Knapik were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

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 Steven A. Tolman and Bruce E. Tarr for legislation to reduce health care costs and improve patient care.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Health Care Financing.

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 Frances Dec for legislation relative to land use regulations.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.

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 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.
Senate Rule 36 was suspended, on motion of Mr. Tarr, 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.

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 Bruce E. Tarr and Roland M. DeLoach for legislation relative to sales of motor vehicles.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.

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 Bruce E. Tarr, Anne M. Gobi, Richard R. Tisei and Cynthia S. Creem and other members of the General Court and others for legislation to enhance the license plate system of the Commonwealth.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4554) of Mark V. Falzone for legislation to establish a sick leave bank for Marion Dawicki, an employee of the Trial Court of the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to dental and vision care services (see House, No. 4480), 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 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 and laid before the Governor for his approbation.

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 the same Senator, at twenty-nine minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.