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 19, 2005.

Met at two minutes past eleven o’clock A.M. (Mr. Hart in the Chair).

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

Distinguished Guests.

There being no objection, the Chair (Mr. Hart) handed the gavel to Mr. Moore for the purpose of an introduction. Mr. Moore then introduced, in the rear of the Chamber, the Nipmuc Regional Girl’s Soccer Team. Led by their coach Gary Pichel, the team won the 2005 Division II State Championship.

Mr. Moore then introduced, in the rear of the Chamber, the 2005 Division III Girl’s Soccer Championship Team from Hopedale High School. The team was led by their coach Pat Cronin.

Mr. Moore then introduced, in the rear of the Chamber, the Hopedale High School Boys Cross Country Team. The boys led by their coach Joe Drugan, won the Division II State Championship.

All three teams were the guests of Senators Moore and Augustus.

Reports.

The following reports were severally read and placed on file:

A report of the Norfolk County Register of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and section 2KKK of Chapter 29 of the General Laws) submitting a plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Friday, December 16, 2005); and

A report of the State Ethics Commission (under the provisions of Section 2(1) of Chapter 268B of the General Laws) submitting its annual report for Fiscal Year 2005 (received Friday, December 16, 2005).

Petitions.

Petitions were presented and referred, as follows:

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation to prohibit certain information from being transmitted to the US Customs and border protection; and

By Mr. Tolman, a petition (subject to Joint Rule 12) of Steven A. Tolman and Rachel Kaprielian for legislation an act relative to pension benefits;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

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 Order authorizing the joint committee on Children and Families to make an investigation and study of certain Senate documents relative to children and families (Senate, No. 2306); and

Of the Senate Order authorizing the joint committee on Transportation to make an investigation and study of a certain current Senate document relative to sound barriers (Senate, No. 2307);

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.

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

The Speaker announced the appointment of Representatives Harkins of Needham (as the Speaker’s designee), Verga of Gloucester (House Chairman of the joint committee an Veterans and Federal Affairs), Vallee of Franklin (as the designee of the Chairman of the House committee on Ways and Means) and Pignatelli of Lenox (as the designee of the House Chairman of the joint committee on Higher Education) to the special commission established (under section 12 of chapter 130 of the Acts of 2005) to make an investigation and study of tuition and fee waivers for veterans at public higher education institutions in the Commonwealth.

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 House Bill establishing the Concord Housing Development Corporation (House, No. 4320),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill establishing a revolving fund in the town of Sudbury (House, No. 4389, changed),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill authorizing the treasurer of the town of Brookline to invest the trust fund of said town (House, No. 4222,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Baddour, 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 authorizing certain investments by the treasurer of the town of Brookline.”

A Bill authorizing the city of Gardner to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4558,— on House, No. 4372) [Local approval received], — was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill providing emergency prescription drug coverage for seniors and the disabled (Senate, No. 2310),— ought to pass, with amendments, striking out section 6; 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 provide emergency drug coverage for seniors and the disabled, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and convenience.”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2310, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 Michael W. Morrissey for legislation relative to teacher certification.
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 Education.

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 Nicholas Hoag for legislation to prohibit endorsement by the Commonwealth of the Alcoholics and Narcotics Anonymous programs.
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 Mental Health and Substance Abuse.

By Mr. Tisei, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Steven A. Baddour, Robert A. Havern, Martin J. Walsh, Michael R. Knapik and others for legislation to establish the Commonwealth turnaround collaborative to improve school performance.
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 Education.
Severally sent to the House for concurrence.

Petition.

On motion of Mr. Tarr, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Tarr, (accompanied by bill) of Bruce E. Tarr, Anthony J. Verga and Bradford Hill for legislation to relate to the term of certain bonds of the Manchester/Essex Regional School District to be issued to finance the construction of a new district high school/middle school,— and the same was referred to the committee on Education.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4578) of Paul J. Donato for legislation to establish a sick leave bank for Michael McLaughlin, an employee of the Somerville Division of the Trial Court of the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Order Adopted.

On motion of Mr. Baddour,—

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.

On motion of Mr. Moore, at twelve minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.