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.

Tuesday, December 26, 2006.

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

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

Communication.

A communication from the Secretary of the Commonwealth (under the provisions of Section 80 of Chapter 4 of the Acts of 2003) submitting copies of the Registry of Deeds Technology Advisory Committee Report (copies having been forwarded as requested to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Friday, December 22, 2006),— was placed on file.

Reports.

The following reports were severally read and placed on file:
A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the condition of the Unemployment Insurance Trust Fund for the month of December 2006 (received Friday, December 22, 2006); and
A report of the Department of Public Health (pursuant to Section 2 of Chapter 111 of the General Laws) submitting the 2000 Annual Report, Vital Statistics of Massachusetts (received Friday, December 22, 2006).

Reports of Committees.

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 codifying the hepatitis C program (Senate, No. 1257); and
The House Bill relative to the establishment of a voluntary health records registry for biological parents of adopted persons (House, No. 5031).

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Pacheco) “congratulating Daniel St. George.”

Communication.

A communication from the Honorable Counsel to the House and Counsel to the Senate submitting (pursuant to Section 53 of Chapter 3 of the General Laws) proposed legislation making corrective changes in certain General and special laws (Senate, No. 2775) (received Tuesday, December 26, 2006),— was referred to the committee on Ethics and Rules.
Subsequently, Mr. Buoniconti for the said committee, reported, that the bill (printed in Senate, No. 2775) ought to pass.
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.
Sent to the House for concurrence.

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 authorizing appointment of agents of the Metropolitan Humane Society as special state police officers (Senate, No. 1651),— was considered.
Pending the question on passing the bill to be engrossed, Ms. Creem and Ms. Spilka presented an amendment substituting a new draft entitled “An Act further regulating the placement of certain children” (Senate, No. 2776).
This amendment was adopted.
The bill (Senate, No. 2776) was then passed to be engrossed.
Sent to the House for concurrence.

The House Bill authorizing the town of East Longmeadow to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No, 5350),— 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 the town of East Longmeadow to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises”.

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill to ensure adequate adult day health services (Senate, No. 1141) (the committee on Health Care Financing having previously recommended that the bill be amended by substituting a new draft with the same title (Senate, No. 2494),— reported that the Health Care Financing new draft (Senate, No. 2494) be adopted.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time and was amended, as recommended by the committees on Health Care Financing and Ways and Means.
The bill (Senate, No. 2494) 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 relating to the Reggie Lewis Track at Roxbury Community College (House, No. 4366),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2777.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, 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.

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 House Bill to protect patient confidentiality (House, No. 1754).
There being no objection, the rules were suspended, on motion of Ms. Jehlen, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

A Bill establishing the Marlborough 2010 Corporation (House, No. 5369,— on Senate, No. 2502) [Local approval received on Senate, No. 2502],— 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 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 Richard T. Moore and Vincent A. Pedone for legislation to extend the deadline for mailing quarterly tax bills.
Senate Rule 36 was suspended, on motion of Mr. Moore, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.
Sent to the House for concurrence.

Petition.

On motion of Mr. Pacheco, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Pacheco, (accompanied by bill) of Marc R. Pacheco and James H. Fagan for legislation to establish a sick leave bank for Therese Rapoza, an employee of the Department of Mental Retardation,— and the same was referred to the committee on Public Service.
Sent to the House for concurrence
.

Recess.

There being no objection, at a quarter past eleven o’clock A.M., the Chair (Mr. McGee) declared a recess subject to the call of the Chair; and, at eleven minutes past one o’clock P.M., the Senate reassembled, Mr. McGee 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 Preambles Adopted.

An engrossed Bill designating the Broadway Bridge in the South Boston section of the city of Boston as the James M. Kelly Bridge (see Senate, No. 2761), 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 5 to 0.
The bill was signed by the Acting President (Mr. McGee) and sent to the House for enactment.

An engrossed Bill further revising the membership of the Public Health Council (see Senate, No. 2770), 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 3 to 0.
The bill was signed by the Acting President (Mr. McGee) and sent to the House for enactment.

An engrossed Bill designating the annual observance of Massachusetts History Day and establishing a special commission on civic engagement and learning (see House, No. 3465, amended), 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 4 to 0.
The bill was signed by the Acting President (Mr. McGee) and sent to the House for enactment.

An engrossed Bill relative to certain retirement benefits for surviving spouses of the State Police (see House, No. 4941), 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 4 to 0.
The bill was signed by the Acting President (Mr. McGee) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first two 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. McGee) and laid before the Governor for his approbation, to wit:
Further regulating access to birth certificates (see Senate, No. 2690, amended);
Relative to funds deposited into Diane Zaniboni Breast Cancer Research Fund (see Senate, No. 2732);
To protect patient confidentiality (see House, No. 1754);
Relative to child labor (see House, No. 4638, amended);
Authorizing the town of Ipswich to make an appeal to the Appellate Tax Board (see House, No. 4986, amended);
Authorizing the town of Wareham to grant certain alcoholic beverages licenses (see House, No. 5003, amended);
Relative to the Worcester DCU Arena and Convention Center (see House, No. 5128, amended); and
Authorizing the town of East Longmeadow to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 5350).

The following engrossed bills (both 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 re-enacted and were signed by the Acting President (Mr. McGee) and again laid before the Governor for his approbation, to wit:
Requiring automatic external defibrillator devices in health clubs (see Senate, No. 2681, amended); and
Designating the garter snake as the official reptile of the Commonwealth (see Senate Bill, printed as House, No. 3453).

The engrossed Bill relative to medical peer review committees (see Senate, No. 2418, amended),— came from the House amended as follows: striking out section 4 (as engrossed).
The rules were suspended, on motion of Mr. Moore, and the House amendment was considered forthwith and adopted, in concurrence.

A petition (accompanied by bill, House, No. 5379) of Peter J. Koutoujian for legislation to establish a sick leave bank for Annette V. Fielding, an employee of the Department of Social Services,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Committee of Conference Report.

A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendment to the House Bill further regulating driver education and junior operator’s licenses (House, No. 5064) (amended by the Senate striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2688; 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 to regulate further driver education and junior operators’ licenses, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.”), reported, a Bill further regulating driver education and junior operator’s licenses (House, No. 5378).,— came from the House, and was read.
Senate Rule 36 was suspended, on motion of Mr. Baddour, and the report was considered forthwith and accepted, in concurrence.

Order Adopted.

On motion of Mr. Moore,—
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.

Adjournment in Memory of Army Specialist Matthew Stanley.

The Senator from Suffolk and Middlesex, Mr. Travaglini, and the Senator from Essex and Middlesex, Mr. McGee, presented a request that when the Senate adjourns today, it do so in memory of Army Specialist Matthew Stanley.

Specialist Stanley was killed by a roadside bomb on Saturday in Baghdad. Matthew was motivated by the September 11th terrorist attacks and joined the Army in 2003. He was a Specialist with the Armored Cavalry out of Fort Hood, Texas and was serving his second tour of duty in Iraq. Matthew was born in
Danvers, MA and grew up in Revere, MA before moving to New Hampshire. Matthew is survived by his wife Amy, his father Richard Stanley, his mother Lynn Savage, his stepfather James Savage Sr., his grandparents Alice and Joseph Bourgeois, and several siblings.

Accordingly, as a mark of respect to the memory of Army Specialist Matthew Stanley, at twenty-four minutes before two o’clock P.M. on motion of Mr. Moore, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M