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, December 18, 2006.

Met at five minutes past 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.

Distinguished Guests.

There being no objection, the Chair (Mr. Havern) handed the gavel to Mr. Morrissey for the purpose of an introduction. Mr. Morrissey introduced second and fourth graders from the Highland School in Braintree.

Report.

A report of the Massachusetts Small Business Advisory Council detailing the efforts and findings of their work, as well as recommendations for 2007 (received Thursday, December 14, 2006),— was placed on file.

Report of a Committee.

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 exempting Brian J. Donoghue of Norwood from the maximum age requirements for appointment as a firefighter in the town of Norwood (Senate, No. 2734).

PAPERS FROM THE HOUSE.

A Bill validating the action taken at the town election held by the town of Lanesborough (printed in House, No. 5121,— being a message from His Excellency the Governor), — was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Authorizing the town of Westborough to release an easement over land (House, No. 4862,— on petition); [Local approval received];
Relative to the stabilization fund of the town of Hopkinton (House, No. 4868,— on petition) [Local approval received];
Exempting the position of deputy police chief in the town of Hingham from the civil service laws (House, No. 5036,— on petition) [Local approval received];
Establishing a golf course capital improvement fund in the town of Dennis (House, No. 5087,— on petition) [Local approval received]; ; and
Relative to town meeting votes in the town of Lexington (House, No. 5137,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Creedon) “congratulating Mr. and Mrs. Leonard T. Kerwin on the occasion of their fiftieth wedding anniversary”; and
Resolutions (filed by Mr. Moore) “recognizing the importance of Chronic Obstructive Pulmonary Disease (COPD) and its management.”

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken Out of the Orders of the Day and considered as follows:
The Senate Bill creating the city of Taunton’s Economic Development Fund (Senate, No. 2714, changed),— 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 House Bill clarifying the retirement status of a disabled Norwood police officer (House, No. 5327),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to certain state owned land in the city of New Bedford (Senate, No. 47),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2768).
There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2768) was then 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 House Bill relative to horse and greyhound racing in the Commonwealth (House, No. 5291),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2769; and by inserting before the enacting clause the following emergency preamble:

“Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to extend the law authorizing simulcasting of horse and dog racing, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.

Mr. Knapik moved to suspend the rules to allow the matter to be considered forthwith; but objection was made thereto by Mr. Creedon.
Under Senate Rule 26, referred to the committee on Ethics and Rules.

Report of a Committee.

By Mr. Brewer, for the committee on Bills in the Third Reading, reported, asking to be discharged from further consideration of the amendment recommended by the Lieutenant-Governor, Acting Governor, to the engrossed Bill requiring automatic external defibrillator devices in health clubs (see Senate, No. 2681, amended) [for message see Senate, No. 2755]. The report was considered; and, it was accepted.

The Chair (Mr. Havern) stated that under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.

Mr. O’Leary presented a request that the Senate reject the amendment recommended by the Lieutenant-Governor, Acting Governor and offered a further amendment striking out section 5 and inserting in place thereof the following section:—

“SECTION 5. Sections 1 and 2 of this act shall not apply to a health club, as defined by section 78 of chapter 93 of the General Laws, if that health club employs fewer than 5 full-time equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health club employs more than 5 full-time equivalent employees, until 1 year after the effective date of this act. For the purposes of this section, the term ‘full-time equivalent employee’ shall equal 40 labor hours per week.”
The Senate then rejected the Lieutenant-Governor, Acting Governor’s amendment.
The amendment as presented by Mr. O’Leary was then adopted.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first 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:
Relative to vacation accrual rate of Donald J. Castle, an employee of the Trial Court (see Senate, No. 2105); and
Authorizing increased payment of pensioners for services after retirement (see House, No. 263).

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for Paula Phelan, an employee of the Massachusetts Department of Industrial Accidents (see House, No. 5339), 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 7 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 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 (Mr. Havern) and laid before the Governor for his approbation.

A petition (accompanied by bill, House, No. 5370) of A. Stephen Tobin for legislation to establish a sick leave bank for Maureen Bambery, an employee of the Trial Court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

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.

Moment of Silence.

The Chair (Mr. Havern), the members, guests and employees stood in a moment of silence and reflection to the memory of Neil F. Keough.

Adjournment in Memory of Neil F. Keough.

The Senator from Suffolk and Middlesex, Mr. Travaglini, presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of Neil F. Keough.

Neil, our good friend, our co-worker, and our “supply guy” passed away on Saturday, December 16th. Neil began his employment in 1982 with the joint legislative copy center and transferred to Senate Personnel in 1999. His wife, Diana, has asked that we thank you for your love, thoughts, prayers and cards; they meant to much to Neil. Our memories of Neil will always bring a smile.

Accordingly, as a mark of respect to the memory of Mr. Neil F. Keough, at twenty-three minutes past eleven o’clock A.M. on motion of Ms. Chandler, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.