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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, December 8, 2005

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

Communication.

A communication was received from the Honorable Brian P. Lees, Senate Minority Leader, announcing his resignation as a member of the Joint Committee on Telecommunications, Utilities and Energy and the appointment of Senator Bruce E. Tarr to fill said vacancy effective as of Friday, December 2, 2005.

Reports.

The following reports were severally read and placed on file:

A report of the University of Massachusetts Building Authority (under the provisions of Section 6 of Chapter 773 of the Acts of 1960 as amended by Section 6A of Chapter 708 of the Acts of 1983) submitting a copy of its audited financial report for the fiscal year ending June 30, 2005 (received Friday, December 2, 2005); and

A report of the University of Massachusetts Board of Trustees (under the provisions of Section 3 of Chapter 7 of the General Laws) relative to rules and regulations adopted by the Trustees of the University of Massachusetts in 2005 (copies having been forwarded as required) (received Monday, December 5, 2005).

Petitions.

Ms. Resor presented a petition (accompanied by bill, Senate, No. 2305) of Pamela P. Resor and Stephen P. LeDuc (with approval of the mayor and city council) for legislation relative to retired Police Officer Richard Oram of the city of Marlborough [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Public Service.
Sent to the House for concurrence.

Mr. Pacheco presented a petition (subject to Joint Rule 12) of Marc R. Pacheco, Brian P. Lees, Dianne Wilkerson, Thomas J. O’Brien and other members of the General Court for legislation relative to certain musical performances and the protection of performing groups,— 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 Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to the historic Lucious Crain Tavern in the town of Hadley (Senate, No. 2127);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committee Discharged.

Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration

Of the Senate Resolve studying trafficking of persons and involuntary servitude (Senate, No. 2289);

Of the Senate Order relative to authorizing the joint committee on Elder Affairs to make an investigation and study of Senate documents numbered 377, 388 and 389 relative to nursing homes (Senate, No. 2296);

Of the Senate Bill relative to the Department of Mental Health inpatient study commission (Senate, No. 2109, changed);

Of the Senate Order relative to authorizing the joint committee on Mental Health and Substance Abuse to make an investigation and study of Senate document 126, relative to psychotropic drug information (Senate, No. 2297);

Of the Senate Order relative to authorizing the joint committee on Public Health to make an investigation and study of Senate documents numbered 1229 and 1271 relative to public health issues (Senate, No. 2298); and

Of the Senate Order relative to authorizing the joint committee on Tourism, Arts and Cultural Development to make an investigation and study of Senate documents numbered 2045 and 2046 relative to Somerville (Senate, No. 2299);

And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPER FROM THE HOUSE.

A Bill making appropriations for the fiscal year 2006 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4560,— on House, No. 4539, in part),— was 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 Mr. Panagiotakos) “congratulating Richard P. Howe on the occasion of his retirement”;

Resolutions (filed by Mr. Tarr) “recognizing the military service of Arthur Lepore”; and

Resolutions (filed by Ms. Wilkerson) “honoring Morning Star Baptist Church on the third annual service for surviving family members of homicide victims.”

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 authorizing the town of Mashpee to grant a certain easement (House, No. 4111),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. O’Leary moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:—

“The town of Mashpee, acting by and through its board of selectmen, may grant an easement in, or, over and across a certain parcel of conservation agricultural land to the United States of America for the purpose of conducting environmental investigations and remediation activities with respect to a fuel spill. The parcel is shown as Tract No. 101E on a plan of land entitled ‘Easement Plan of Land in Mashpee, MA’, dated March 22, 2002 drawn by Norwood Engineering Company, Inc. The property shall be used solely for the purposes of conducting environmental investigations and remediation activities as described above. When the investigation and remediation have been completed, the easement shall be extinguished and the town of Mashpee shall use the property thereafter solely for conservation, agricultural and open space purposes.

SECTION 2. This act shall take effect upon its passage”.
This amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the Montachusett Regional Planning Commission (Senate, No. 1405),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, 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.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to vacation accrual rate of Donald J. Castle, an employee of the Trial Court (Senate, No. 2105),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, 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 relative to the vacation accrual rate of Donald J. Castle, an employee of the Trial Court.”

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Maureen A. Sullivan, an employee of the Massachusetts Parole Board (House, No. 4357),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, 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 establishing a sick leave bank for Maureen A. Sullivan, an employee of the Parole Board.”

By Ms. Murray, for the committee on Ways and Means, that the House Bill further regulating the opening of retail stores on Sundays (House, No. 4555),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, 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 further regulating the opening of retail stores on Sundays and holidays.”

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 7B be suspended on the Senate petition of Therese Murray for legislation to authorize an easement or lease of land by the conservation commission of the town of Falmouth.
Senate Rule 36 was suspended on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 7B 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 Robert A. Havern and William G. Greene, Jr. for legislation to designate a certain bridge in the town of Billerica.
Senate Rule 36 was suspended, on motion of Mr. Brown, 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.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4563) of John P. Fresolo relative to the privacy of public records concerning reports of injuries of employees of public agencies and authorities of the Commonwealth;
Under suspension of Joint Rule 12, to the committee on Housing.

Petition (accompanied by bill, House, No. 4564) of John P. Fresolo and others for legislation to regulate the collection of data by police officers issuing citations for violations by operators of motor vehicles;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4565) of Karyn E. Polito and others relative to extending the term of the agreement between the town of Shrewsbury and the town of Westborough for the treatment plant located in said town of Westborough;Under
suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 4566) of John P. Fresolo for legislation to establish a sick leave bank for John Lavoie, an employee of the Department of Correction;
Under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill authorizing certain by-laws relative to the town of Wellesley (see House, No. 4295) (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.

Recess.

There being no objection, at eleven minutes past eleven o’clock A.M., the Chair (Ms. Wilkerson) declared a recess subject to the call of the Chair; and, at five minutes before 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 further regulating the opening of retail stores on Sundays and holidays (see House, No. 4555), 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 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.

Recess.

There being no objection, at three minutes past one o’clock P.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at ten minutes past two o’clock P.M., the Senate reassembled, Ms. Wilkerson in the Chair.

Order Adopted.

On motion of Mr. Knaptik,—

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.

Adjournment in Memory of John Haven “Jack” Britt.

The Senator from Norfolk, Bristol and Plymouth, Mr. Joyce, presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of John Haven “Jack” Britt.

Jack Britt served as the CEO at the Massachusetts Hospital School in Canton for 23 years until his retirement five years ago but remained an active and dedicated part of the hospital community as a member of the Development and the Ethics Committees.

He touched the life of countless patients and employees and was known for his love and commitment to improving the lives of disabled children across the Commonwealth particularly through the use of horse riding therapy and was the driving force behind the new horseback riding arena on campus. He leaves behind his wife Loretta and children, Michelle and Mark.

Accordingly, as a mark of respect to the memory of John Haven “Jack” Britt, at eleven minutes past two o’clock P.M., on motion of Mr. Knapik, the Senate adjourned to meet again on Monday at eleven o’clock A.M.