Monday, December 4, 2006. Met at one minute past eleven o'clock A.M. (Mr. Tolman in the Chair).

The Chair (Mr. Tolman). members, guests and employees then Pledge of recited the pledge of allegiance to the Hag. allegiance.

Reports of a Committee. By Ms. Jehlen, for the committee on Public Service, on petition, James R. s n a Bill authorizing the state retirement board to grant a certain pen- p°j™ 0°n ~ sion to James R. Johnson (Senate, No. 2750); Read and, under Senate Rule 27, referred to the committee on Ways and Means. Chief of By Ms. Jehlen, for the committee on Public Service, on petition, Police,— a Bill exempting the position of Chief of Police in the town of Shrewsbury. Shrewsbury from the civil service law (Senate, No. 2749) [Local approval received]; Read and, under Senate Rule 26, placed in the Orders of the Day for the next session. PAPERS FROM THE HOUSE. A Bill making appropriations for the fiscal year 2007 to provide Pandemic funding to support pandemic disease preparation and response in the dlsease- Commonwealth (House, No. 5349,— on House, Nos. 3904 and 4963),— was read and, under Senate Rule 27, referred to the committee on Ways and Means. Bills Relative to penalties for animal fighting (House, No. 1765, Animal fight- amended,— on petition); and ing,— penalties. Banks,— Further regulating stop payment orders to a bank (House, stop payment No. 3094,— on petition); orders. Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules. Bills Millis,— Relative to the appointment of retired police officers as special special police officers in the town of Millis (House, No. 4318,— on peti- police. tion) [Local approval received]; Authorizing the town of Shrewsbury to send certain information Shrewsbury,- to the voters of the town (House, No. 5013,— on petition) [Local ballot approval received]; questions. Burlington- Relative to town meeting procedures in the town of Burlington referendum (House, No. 5287,— on petition) [Local approval received]; and procedures. Revere,— Regulating the issuance of second-hand motor vehicle licenses used vehicle within the city of Revere (House, No. 5317, on petition) [Local sates. 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:— Mr. and Mrs. Resolutions (filed by Mr. Creedon) "congratulating Mr. and Mrs. Leonard T. Leonard T. Kerwin on the occasion of their fiftieth wedding anniver- Kerwin. sary"; and Johnnie Resolutions (filed by Ms. Walsh) "honoring Johnnie Hamilton- Hamilton- Mason. Mason." Engrossed Bill Returned by Governor with Recommendation of Amendment. Defibrillator,- The engrossed Bill requiring automatic external defibrillator health clubs. devices in health clubs (see Senate, No. 2681, amended) (which on Monday, November 20, 2006, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Lieutenant- Governor, Acting Governor, on Thursday, November 30, 2006, at twenty minutes past four o'clock P .M., with a message recommend- ing an amendment. The message (Senate, No. 2755) was read and the Senate pro- ceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution. Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Mr. Knapik. 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: Auburn,— The Senate Bill relative to the town of Auburn's authority to con- land vey a certain parcel of land (Senate, No. 2738),— was read a sec- conveyance. ond time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the com- mittee on Bills in the Third Reading to read as follows: "An Act amending the authority of the town of Auburn to convey a cer- tain parcel of land". Sent to the House for concurrence. Acton,— The House Bill relative to the North East Solid Waste Committee transfer Enterprise Fund balance in the town of Acton (House. No. 4944, changed),— 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 transfers from the North East Solid Waste Committee Enterprise Fund balance in the town of Acton". The House Bill authorizing the town of Rehoboth to issue a Rehoboth,— license for the sale of all alcoholic beverages not to be drunk on the The Grapevine, premises (House, No. 5183),— 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 authoriz- ing the town of Rehoboth to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises". The House Bill authorizing the town of Winchester to grant an Winchester — r additional license for the sale of all alcoholic beverages not to be {jj?"°s e drunk on the premises (House. No. 5334),— 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. Petitions were referred, in concurrence, as follows: Petition (accompanied by bill, House, No. 5354) of Ellen Story Fire safety,— relative to the Board of Appeals of the Fire Safety Commission; commission. Under suspension of Joint Rule 12, to the committee on Public Safety and Homeland Security. Petition (accompanied by bill, House, No. 5355) of Ronald Robert Mariano for legislation to establish a sick leave bank for Robert ^teave- O'Haver, an employee of the Department of Correction; Under suspension of Joint Rule 12, to the committee on Public Service. The Senate Bill authorizing the licensing authority of the town of Northborough r Northborough to grant five additional licenses for the sale of all J^"°s es alcoholic beverages to be drunk on the premises (Senate, No. 2557),— came from the House passed to be engrossed, in concurrence with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5225. The rules were suspended, on motion of Ms. Chandler, and the House amendment was considered forthwith and adopted, in con- currence, as corrected by the committee on Bills in the Third Reading. Order Adopted. On motion of Ms. Chandler,— Ordered, That when the Senate adjourns today, it adjourn to meet Time of again on Thursday next at eleven o'clock A.M., and that the Clerk meetlng- be directed to dispense with the printing of a calendar.

On motion of Mr. Knapik, at nine minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M. Thursday, December 7, 2006. Met at one minute past eleven o'clock A.M. (Mr. Havern in the Chair) (having been appointed by the President, under authority con- ferred by Senate Rule 4, to perform the duties of the Chair).

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

Distinguished Guests. Auburn There being no objection, the Chair (Mr. Havern) handed the Little gavel to Mr. Augustus for the purpose of an introduction. League. Mr. Augustus then introduced, seated in the Senate Gallery, mem- bers of the 2006 Massachusetts State Championship Little League All-Star Team from the town of Auburn. The team was touring the State House and were the guests of Senator Augustus and Representative Frost of Auburn. Communications. Workforce A communication from the Honorable Robert E. Travaglini, Accountability President of the Senate, announcing the appointment of Senator Task Force. Thomas M. McGee as a member of the Workforce Accountability Task Force (established pursuant to Section 23 of Chapter 123 of the Acts of 2006),— was placed on file. Hampshire A communication from the Hampshire Sheriff's Office relative to Sheriffs corrective measures taken pursuant to a Department of Public Health Office. Inspection of the Hampshire County Jail and House of Correction inspection on November 18, 2006 (received Monday, December 4, 2006),— was read and sent to the House for its information. Reports. The following reports were severally read and placed on file: Department of A report of the Department of Conservation and Recreation Conservation (under the provisions of Section 3C of Chapter 21 of the General and Recreation. Laws, as amended by Section 84 of Chapter 26 of the Acts of 2003) submitting a copy of its Annual Report for Fiscal Year 2006 (received Thursday, November 30, 2006); MassDevelop- A report of MassDevelopment (under the provisions of Section 27 ment. of Chapter 498 of the Acts of 1993) submitting its narrative report of activities and financial statement of operations at Devens for fiscal year ended June 30, 2006 (received Thursday, November 30, 2006); Gay and Lesbian A report of the Commission on Gay and Lesbian Youth submitting Youth. the complete list of members (received Monday, December 4, 2006); UMass A report of the University of Massachusetts Building Authority Building Authority. (under the provisions of Section 6 of Chapter 773 of the Acts of 1960, as amended (the Enabling Act)) submitting a copy of its audited financial statements for the years ended June 30, 2006 and 2005 with Independent Auditors' Report (received Monday, Decem- ber 4, 2006); and A report of the Plymouth County Registry of Deeds (under the Plymouth provisions of Section 4 of Chapter 4 of the Acts of 2003 and Sec- County ^ tion 2KKK of Chapter 29 of the General Laws) submitting its eighth Deeds.' 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 Wednesday. December 6, 2006). A report of the Department of Public Health (under the provisions Department of of Sections 5 and 20 of Chapter 111 of the General Laws) relative Public Health to inspection of Bridgewater State Hospital (received Tuesday, December 5, 2006),— was read and sent to the House for its information. Reports of Committees. By Mr. Montigny, for the committee on Bonding, Capital Expen- Shirley,— ditures and State Assets, on petition, a Bill authorizing the Division J.^eyance of Capital Asset Management and Maintenance to lease certain property to the town of Shirley (Senate, No. 2754); Read and, under Senate Rule 27, referred to the committee on Ways and Means. Mr. Buoniconti, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session: The House bills Relative to the issuance of certain alcoholic beverage licenses Steering (House, No. 3340, changed); and Designating an overpass in the city of New Bedford as the George Evangelos Patisteas Memorial Overpass (House, No. 5295). PAPERS FROM THE HOUSE. Richard A petition (accompanied by bill, House, No. 5359) of Virginia M. Spicer,— Coppola and John H. Rogers (by vote of the town) that the retire- creditable ment board of the town of Norwood be authorized to grant certain service. creditable service for retirement purposes to Richard Spicer,— was referred, in concurrence, to the committee on Public Service. Bills Relative to the Worcester DCU Arena and Convention Center Worcester,— e nti n (House, No. 5128,— on Senate, No. 2604 and House, No. 5128) ™™ r ° [Local approval received on Senate, No. 2604 and House, No. 5128]; and Establishing a sick leave bank for Tatiana Lara-Melendez, an Tatiana Lara- C employee of the Department of Mental Retardation (House, No. 5336,— ^ck leave~~ on petition); Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means. Bills Hatfield — Providing for recall elections in the town of Hatfield (House, recall elections. No. 5286,— on petition) [Local approval received]; and Hopedale,— Relative to the stabilization fund of the town of Hopedale (House, stabilization No. 5302,— on petition) [Local approval received]; fund. Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session. 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: Diane The Senate Bill clarifying coordination of the Diane Zaniboni Zaniboni,— cancer Breast Cancer Research Fund (Senate, No. 2732),— was read a sec- fund. ond time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the com- mittee on Bills in the Third Reading to read as follows: "An Act clarifying coordination of the funds deposited into the Diane Zaniboni Breast Cancer Research Fund". Sent to the House for concurrence. Railroad car The House Bill relative to the safe operation of railroad cars or safety- locomotives (House, No. 2143),— was read a second time. Pending the question on ordering the bill to a third reading, Messrs. Tolman and Havern presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2757; and by striking out the title and inserting in place thereof the following title: "An Act punishing interference with the safe operation of trains and certain other com- mon carriers". The amendments were adopted. The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendments. Sent to the House for concurrence in the amendments. Shrewsbury,— The House Bill authorizing the town of Shrewsbury to send certain 3 0 bquestions" ' . informatio, •n to the voters of the town (House, No. 5013),— was read a second time. Pending the question on ordering the bill to a third reading, Mr. Augustus moved to amend the bill in section 1, by striking out, in line 8, the word "active". The amendment was adopted. 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the town of Shrewsbury to send certain information to the voters of the town". Sent to the House for concurrence in the amendment. The House Bill relative to election laws in the town of Yarmouth Yarmouth,— (House, No. 5300),— was read a second time. KLtion. Pending the question on ordering the bill to a third reading, Mr. O'Leary presented an amendment in section 1, by striking out, in the first sentence, the word "active". The amendment was adopted. 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act regulating elections in the town of Yarmouth". Sent to the House for concurrence in the amendment. The House Bill authorizing the town of Belmont to establish Belmont,— another postemployment benefits trust fund (House, No. 5076),— employment was read a second time, ordered to a third reading, read a third fund ' time and passed to be engrossed, in concurrence. Reports of Committees. By Mr. Baddour, for the committee on Transportation, on petition MBTA,— r e (accompanied by bill. Senate, No. 2721), a Bill relative to MBTA f® a gion fare evasion (Senate, No. 2756) (Representatives Goguen of Fitchburg, Paulsen of Belmont and Sciortino of Medford dissenting). 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.

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 proclaiming December 15 annually as Bill of BillofRights Rights Day (House, No. 4600). _ Day- There being no objection, the rules were suspended, on motion of Mr. McGee, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. By Mr. Morrissey, for the committee on Consumer Protection and Boston,— r Professional Licensure, on petition, a Bill relative to the quota of |^g°s es number of alcoholic and wine and malt beverages licenses granted by the Licensing Board for the City of Boston (printed as House, No. 5341) [Local approval received]. There being no objection, the rules were suspended, on motion of Mr. McGee, 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 increasing the number of licenses for the sale of alcoholic beverages to be granted by the Licensing Board for the city of Boston". Sent to the House for concurrence. Rockland— A report of the committee on Consumer Protection and Profes- license sional Licensure, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, Senate, No. 2730) of Michael W. Morrissey and Robert J. Nyman (by vote of the town) for legislation to authorize the town of Rockland to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises. There being no objection, on motion of Mr. Brown, the rules were suspended so that the matter may be considered forthwith. Mr. Morrissey presented a motion that the report be amended by substitution of a "Bill authorizing the town of Rockland to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises" (Senate, No. 2758). The motion was accepted and the bill (Senate, No. 2758) was substituted for the report of the committee. The bill was read. There being no objection, on further motion of Mr. Brown, 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. Human service By Ms. Murray, for the committee on Ways and Means, that the reimbursementproviders— s Senate Bill to provide. for reimbursement of human service providers for increases in minimum wage rates (Senate, No. 694),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. McGee, 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 requiring reimbursement of service providers for increases in minimum wage rates". Sent to the House for concurrence. Bonds,— By Ms. Murray, for the committee on Ways and Means, that the issuance. House Bill relative to the terms of certain bonds to be issued by the Commonwealth (printed in House, No. 5237),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Berry, 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 providing the terms of certain bonds to be issued by the Commonwealth". Pandemic By Ms. Murray, for the committee on Ways and Means, that the disease. Senate Bill making appropriations for the fiscal year 2007 to provide funding to support pandemic disease preparation and response in the Commonwealth (House, No. 5349),— ought to pass, with an amend- ment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2759. There being no objection, the rules were suspended, on motion of Mr. Berry, and the bill was read a second time. Pending the question on adoption of the Ways and Means amend- ment. and'pending the main question on ordering the bill to a third reading. Mr. Tarr moved that the pending amendment be amended by adding the following section: "SECTION 8. Notwithstanding any general or special law to the contrary, the department of public health shall not approve reduction in licensed acutecare, medical-surgical, critical care or other beds licensed pursuant to Chapter 111 of the General Laws if that reduc- tion would adversely impact the pandemic preparedness of any hos- pital that provides 1 or more essential health services as defined by the department pursuant to section 51G of said chapter 111." The amendment was adopted. Mr. Moore moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5069. The amendment was rejected. The Ways and Means amendment, as amended, was then adopted. 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. Petition. On motion of Mr. Tarr, Senate Rule 20 and Joint Rule 12 were James M. suspended on the petition, presented by Mr. Hart, (accompanied by ^eUy bill) of John A. Hart, Jr. for legislation to designate the Broadway Bridge in South Boston as the James M. Kelly Bridge,— and the same was referred to the committee on Transportation. Sent to the House for concurrence. PAPERS FROM THE HOUSE. A Bill relative to the surviving minor dependents of a former Boston,— member of the Boston Fire Department (House, No. 4998,— on Thomas petition) [Local approval received],— was read. Dynan. There being no objection, the rules were suspended, on motion of Mr. McGee, 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 providing increased benefits to the surviving dependents of a former member of the Boston Fire Department". A Bill exempting Jeffrey L. Beohner and John Zaccari from the Methuen,— maximum age requirement for applying for civil service appoint- ^Jice ment as a police officer in the town of Methuen (House, No. 5318,— on petition) [Local approval received],— was read. There being no objection, the rules were suspended, on motion of Mr. McGee, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. Credit A Bill relative to credit unions (House, No. 5357,— on House, unions. No. 4927),— 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. Petitions were referred, in concurrence, as follows: William Petition (accompanied by bill, House, No. 5360) of Matthew C. Lewis,— Patrick and Robert A. O'Leary for legislation to establish a sick sick leave. leave bank for William Lewis, an employee of the Trial Court; Under suspension of Joint Rule 12, to the committee on the Judiciary. Meridyth L. Petition (accompanied by bill, House, No. 5361) of Mark J. Reith,— Carron and Richard T. Moore for legislation to establish a sick leave sick leave. bank for Meridyth L. Reith, an employee of the office of the Fire Marshal of the Commonwealth; and Michael Petition (accompanied by bill, House, No. 5362) of Lewis G. Rafferty,— Evangelidis and others for legislation to establish a sick leave bank sick leave. for Michael Rafferty, an employee of the Department of Correction; Severally, under suspension of Joint Rule 12, to the committee on Public Service. Engrossed Bill. Bill again An engrossed Bill relative to hazardous materials mitigation (see laid before House, No. 1315, amended) (which originated in the House), having Governor. been certified by the Senate Clerk to be rightly and truly pre- pared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. Havern) and again laid before the Governor for his approbation. Order Adopted. On motion of Mr. McGee,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. 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-eight minutes before twelve o'clock noon, the Senate adjourned to meet on the following Monday at eleven o'clock A.M. Monday, December 11, 2006. Met at four minutes past eleven o'clock A.M. (Mr. Tolman in the Chair) (having been appointed by the President, under authority con- ferred by Senate Rule 4, to perform the duties of the Chair).

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

Distinguished Guests. There being no objection, the Chair (Mr. Tolman) introduced, William J. seated in the Senate Gallery. Dorothy Devlin, Melody Anderson, Ost'guy and Greg Hughes, who were joined by Boston Fire Lieutenant HigiTsdlooi. William Ostiguy. The group from New York was touring the William J. Ostiguy Recovery High School in Boston. Report. A report of the Division of Health Care Finance and Policy Division of Health Care (under the provisions of Chapter 139 of the Acts of 2006, line item Finance and 4100-0060 and Section 25 of Chapter 203 of the Acts of 1996) sub- Policy. mitting its fifth report in a series of reports on biennial surveys of health insurance coverage (received Wednesday, December 6, 2006),— was placed on file. PAPERS FROM THE HOUSE. Petition (accompanied by bill, House, No. 5364) of Daniel E. Florida,— Bosley (by vote of the town) relative to the payment in lieu of taxes property by a certain electric generation facility in the town of Florida; and tax. Petition (accompanied by bill, House, No. 5365) of Daniel E. Monroe,— Bosley (by vote of the town) relative to the payment in lieu of taxes property by a certain electric generation facility in the town of Monroe; tax. Severally to the committee on Revenue. A Resolve in favor of Burton W. Gerrig, Esquire (House, Burton W. No. 4048,— on petition); and Gerrig. Bills Establishing a sick leave bank for Carol Denault, an employee of Carol the Department of Mental Health (House, No. 5342,— on petition); Denault,— and sick leave. Establishing a sick leave bank for Lori Mazanec, an employee of Regional governments,- the Trial Court of the Commonwealth (House, No. 5343,— on peti- local tion); taxation. Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means. Bills Group Relative to group marketing plans (House, No. 4974,— on marketing plans House, No. 1547); and Swansea Relative to the Swansea Water District (House, No. 5179,— on Water petition); District. Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules. Bills Belmont,- Authorizing the town of Belmont to place a certain question ballot relative to the sale of wine and malt beverages on the town's elec- question. tion ballot (House, No. 5274,— on House, No. 5075) [Local approval received on House, No. 5075]; Belmont,- Relative to the granting of special licenses for the sale of alco- special holic beverages in the town of Belmont (House, No. 5275,— on licenses. House, No. 5077) [Local approval received on House, No. 5077]; and Chatham,- Authorizing the town of Chatham to lease certain buildings leases. (House, No. 5313,— on petition) [Local approval received]; Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session. Appliances,- A communication from the Division of Energy Resources of the energy Office of Consumer Affairs and Business Regulation (accompanied standards. by report, House, No. 5358) (under the provisions of section 12 of Chapter 25A of the General Laws submitting proposed amendments to Regulation 9 (225 CMR 9.00) relative to energy efficiency stan- dards, testing and certification of certain appliances,— was referred, in concurrence, to the committees on State Administra- tion and Regulatory Oversight and Telecommunications, Utili- ties and Energy, acting jointly. Appointments Received from the House. Notice was received from the House announcing the following appointment: Robert H. That Representatives Bosley of North Adams and Rodrigues of Goddard Westport have been appointed by the Speaker to the Robert H. God- Council. dard Council on Science, Technology, Engineering and Mathematics Education (established pursuant to section 8 of chapter 123 of the Acts of 2006). Resolutions. The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:— James P. Resolutions (filed by Mr. Baddour) "on the occasion of the six- Jajuga. tieth birthday of Honorable James P. Jajuga"; and Marilyn L. Resolutions (filed by Messrs. Brewer and Augustus, Ms. Spilka Travinski. and Mr. Moore) "commending Marilyn L. Travinski." Engrossed Bill Returned by Governor. The engrossed Bill designating the garter snake as the official Garter reptile of the Commonwealth (see Senate Bill, printed as House, state"8'" No. 3453) (which on Thursday. November 30, 2006, had been laid reptile, before the Governor for his approbation), was returned to the Senate Clerk by the Lieutenant-Governor, Acting Governor on Thursday, December 7, 2006, at eight minutes before four o'clock P.M., with a message recommending an amendment. The message (Senate, No. 2760) was read and the Senate pro- ceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution. Pending action thereon, on motion of Mr. Moore, the engrossed bill was referred to the committee on Bills in the Third Reading. Subsequently, Mr. Brewer, for the said committee on Bills in the Third Reading, reported, that the amendment recommended by the Governor be considered in the following form:— by striking out the figure "55" and inserting in place thereof the following figure:— "57". The report was accepted. The Chair (Mr. Tolman) 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. Brown then moved that the Senate adopt the amendment in the form recommended by the committee on Bills in the Third Reading. This motion prevailed, and the amendment was adopted. Sent to the House for its action. 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 amending the charter of the city of Northampton Northampton,— to include 2 elected positions for the community preservation com- committepreservatioe n mittee (Senate, No. 2739),— was read a second time. Pending the question on ordering the bill to a third reading, Mr. Rosenberg presented an amendment in section 3, by striking out, in line 4, the words "at every biennial municipal election" and inserting in place thereof the following words:— "every fourth year". The amendment was adopted. The bill (Senate, No. 2739, amended) was then 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 amending the charter of the city of Northampton to include 2 elected members of the com- munity preservation committee". Sent to the House for concurrence. The Senate Bill exempting the position of Chief of Police in the Shrewsbury,— town of Shrewsbury from the civil service law (Senate, P^lef No. 2749),— 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. Weston,— The House Bill relative to the town manager of the town of manager Weston (House, No. 4861),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. Reports of Committees. Sprinkler By Ms. Murray, for the committee on Ways and Means, that the systems. Senate Bill relative to landscape sprinkler systems (Senate, No. 2272),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2762). 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 (Senate, No. 2762) was then ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence. Worcester,— By Ms. Murray, for the committee on Ways and Means, that the centeconventior n House Bill relative to the Worcester DCU Arena and Convention Center (House, No. 5128),— ought to pass, with an amendment inserting in clause (ii) of subsection (a) of section 3, after the word "district" the following words:— "and which was first opened for patronage or available for transfer on or after July 1, 2004". There being no objection, the rules were suspended, on motion of Mr. Timilty, 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. Flood Ms. Murray, for the committee on Ways and Means, on Senate, relief. No. 2412, in part, a "Bill providing relief to certain flood victims" (Senate, No. 2763). 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. Millbury,- A report of the committee on Municipalities and Regional Gov- sewerage ernment, ought NOT to pass (under Joint Rule 10) on the petition facilities. (accompanied by bill, Senate, No. 2735) of Edward M. Augustus, Jr. and Paul K. Frost (by vote of the town) for legislation relative to the sewerage facilities and betterments in the town of Millbury. There being no objection, on motion of Mr. Pacheco, the rules were suspended so that the matter could be considered forthwith. The same Senator then moved that the report be amended by sub- stitution of a "Bill relative to the sewerage facilities and betterments in the town of Millbury" (Senate, No. 2735). The motion was accepted and the bill was substituted for Ihe report of the committee. The bill was read. There being no objection, on motion of Mr. Moore, the rules were suspended 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 regulating the sewerage facilities and betterments in the tow n of Millbury". Sent to the House for concurrence. By Mr. Baddour. for the committee on Transportation, on peti- James M. tion, a Bill designating the Broadway Bridge in South Boston as the £elly James M. Kelly Bridge (Senate, No. 2761). ge' 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. PAPERS FROM THE HOUSE. Emergency Preamble Adopted. An engrossed Bill relative to the terms of certain bonds to be Bonds issued by the Commonwealth (see House Bill, printed in House, No. issuance. 5237), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency pre- amble,— 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 con- currence, by a vote of 4 to 0. The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment. 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. Tolman) and laid before the Governor for his approbation, to wit: Authorizing the licensing authority of the town of Northborough Bills laid to grant five additional licenses for the sale of all alcoholic bever- before ages to be drunk on the premises (see Senate, No. 2557, amended); Governor- Authorizing transfers from the North East Solid Waste Com- mittee Enterprise Fund balance in the town of Acton (see House, No. 4944, changed); and Authorizing the town of Rehoboth to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (see House, No. 5183). Order Adopted. On motion of Ms. Wilkerson,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. 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. Pacheco, at twenty minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M. Thursday, December 14, 2006. Met at six minutes past eleven o'clock A.M. (Mr. Havern in the Chair) (having been appointed by the President, under authority con- ferred by Senate Rule 4, to perform the duties of the Chair).

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

Communication. A communication from of the University of Massachusetts Board UMass,— of Trustees (under the provisions of Section 3 of Chapter 75 of the ™Ies and General Laws) relative to rules and regulations adopted by the reguatl0ns- Trustees of the University of Massachusetts in 2006 (received Monday, December 11, 2006) (copies having been forwarded to the Governor, the Commissioner of Administration and Finance and to the Chairs of the Joint Committee on Ways and Means),— was placed on file. Report. A report of the Massachusetts Technology Development Corpora- Massachusetts tion (under the provisions of Section 7 of Chapter 40G of the Technology General Laws) for the fiscal year ended June 30, 2006 (received Coloration.' Monday, December 11, 2006),— was placed on file. Petition. Mr. Moore presented a petition (subject to Joint Rule 12) of Quarterly Richard T. Moore and Vincent A. Pedone for legislation to extend tax bills,— the deadline for mailing quarterly tax bills,— and the same was deadline. referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently. Committee Discharged. Ms. Murray, for the committee on Ways and Means, reported, Credit asking to be discharged from further consideration of the Senate Bill counseling,— to establish standards for consumer credit counseling (Senate, standards- No. 2563),— and recommending that the same be referred to the Senate committee on Ethics and Rules. Under Senate Rule 36, the report was considered forthwith and accepted. PAPERS FROM THE HOUSE. A Bill clarifying the retirement status of a disabled Norwood Norwood- police officer (House, No. 5327,— on petition) [Local approval JOSEPH Fernandes. received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session. Racing. A Bill relative to horse and greyhound racing in the Common- wealth (House, No. 5291,— on House, No. 5221),— having previ- ously been read, was again laid before the Senate. Mr. Moore moved that the rules be suspended to allow the matter to be considered forthwith; but objection was made thereto by Mr. Creedon. 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:— Chicopee Resolutions (filed by Messrs. Knapik and Buoniconti) "congratu- Comprehensive High School lating the Chicopee Comprehensive High School Colts, 2006 West- Colts. Central Division II-A Super Bowl Champions"; Bartlett Junior- Resolutions (filed by Mr. Moore) "honoring the Bartlett Junior- Senior High School Boys' Senior High School Boys' Varsity Soccer Team on winning the Varsity Soccer 2006 Massachusetts Division III State Championship"; and Team. Ruth Helen Resolutions (filed by Mr. Timilty) "congratulating Ruth Helen Shain Isenberg. Shain Isenberg." 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: Regulating exemptions for cooperative corporations under the Community Preservation Act (see Senate, No. 2725); Bills laid Authorizing the town of Belmont to establish an other postem- before ployment benefits trust fund (see House, No. 5076); Governor. Relative to the terms of certain bonds to be issued by the Com- monwealth (see House Bill, printed in House, No. 5237); Authorizing the town of Wenham to grant certain licenses for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 5333); Authorizing the town of Winchester to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (see House, No. 5334); and Relative to credit unions (see House, No. 5357). Belmont,- A Bill authorizing the town of Belmont to place a certain ques- ballot tion relative to the sale of all alcoholic beverages on the town's elec- question. tion ballot (House, No. 5273,— on House, No. 5074) [Local approval received on House, No. 5074],— 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. 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 relative to the appointment of retired police offi- Minis, cers as special police officers in the town of Millis (House, special No. 4318),— was read a second time, ordered to a third reading, pollce 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 appoint- ment of retired police officers as special police officers in the town of Millis". The House Bill relative to life insurance companies (House, Life No. 4973),— was read a second time, ordered to a third reading, insurance read a third time and passed to be engrossed, in concurrence. companies. The House Bill authorizing the town of Belmont to place a cer- Belmont,— tain question relative to the sale of wine and malt beverages on the ballot. town's election ballot (House, No: 5274),— was read"a second questl0n' 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 Belmont to place a certain question relative to the sale of wines and malt beverages on the town's election ballot". The House Bill providing for recall elections in the town of Hat- Hatfield — field (House, No. 5286),— was read a second time, ordered to a r®cal1 third reading, read a third time and passed to be engrossed, in electlons concurrence. The House Bill regulating the issuance of second-hand motor Revere — vehicle licenses within the city of Revere (House, No. 5317),— was us.ed vehicle read a second time, ordered to a third reading, read a third time sa es 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 regulating the issuance of second hand motor vehicle licenses in the city of Revere". The House Bill relative to the granting of special licenses for the Belmont,— sale of alcoholic beverages in the town of Belmont (House, special No, 5275),— was read a second time, ordered to a third reading, llcenses read a third time and passed to be engrossed, in concurrence. The House Bill relative to town meeting procedures in the town Burlington,- of Burlington (House, No. 5287),— was read a second time. referendum procedures. Pending the question on ordering the bill to a third reading, Mr. Havern moved that the bill be amended in subsection (g), in the third paragraph, in the second sentence, by striking out the figure "25" and inserting in place thereof the following figure:— "20"; and by adding the following section:— SECTION 2. This act shall take effect upon its passage.". The amendment was adopted. 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, its title having been changed by the com- mittee on Bills in the Third Reading to read as follows: "An Act revising referendum town meeting procedures in the town of Burlington". Sent to the House for concurrence in the amendment. Reports of a Committee. Tatiana By Ms. Murray, for the committee on Ways and Means, that the Meiendez — House Bill establishing a sick leave bank for Tatiana Lara- sick leave'. Meiendez, an employee of the Department of Mental Retardation (House, No. 5336),— ought to pass. 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. Lori By Ms. Murray, for the committee on Ways and Means, that the Mazanec,— House Bill establishing a sick leave bank for Lori Mazanec, an sick leave. employee of the Trial Court of the Commonwealth (House, No. 5343),— 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, in concurrence. Sex By Ms. Murray, for the committee on Ways and Means, that the offenders,- Senate Bill regulating sex offender registration name changes (Senate, No. 958),— ought to pass, with an amendment substituting a new draft entitled "An Act further regulating sex offender registra- tion" (Senate, No. 2765). 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. 2765) 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 photographs— Senate Bill providing automobile insurance special investigators access. wjth access to the Department of Motor Vehicle photographs (Senate, No. 1969),— ought to pass, with an amendment substi- tuting a new draft entitled "An Act providing automobile insurance special investigators with access to Registry of Motor Vehicle pho- tographs" (Senate, No. 2766). There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill (Senate, No. 2766) was then ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence. PAPER FROM THE HOUSE. Engrossed Bill. An engrossed Bill increasing the number of licenses for the sale Bill laid e f of alcoholic beverages in the city of Boston (see Senate Bill, printed Q 0 °g®n0r as House. No. 5341) (which originated in the Senate), having been overnor' 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 (Mr. Havern) and laid before the Governor for his approbation. Recess. There being no objection, at a quarter before twelve o'clock Recess, noon, 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, the President in the Chair. The Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer, offered the following prayer: Lord, our God, Thou hast given us a land of plenty. Nowhere on Prayer, the face of the earth are Thy blessings more bountiful and more evi- dent than here in the United States of America. Recreant indeed would we be if we did not pause to thank Thee, to glorify Thee, to praise Thee; and these Thy servants do here in the Senate, unshamed, pray to Thee, the God of all nations, of all people. The noblest blood of America's manhood has been spilled for the defense of our heritage; and our heritage is founded, secured, take all its meaning from the existence of our God, and the divine right He has in all the affairs of man. May God save the Commonwealth and may God bless our two departing colleagues who are now going from five figure salaries to six figure salaries. Remarks of Senator Robert A. Havern. The gentleman from Pittsfield represents towns including Otis, Senator Robert A. Monroe, and Sheffield. This isn't a district; this is an outfield for the Havern,— Cleveland Indians. I told him there are only two people at most who remarks. could name all the towns in your district. He said, "...One of them is not me." I think he's one of the best-liked members of the Senate. It's hard for some of us to like a guy with that much hair. He is one of the best-liked people in the chamber, and now taking a new job out West. We always say we're going to keep in touch, but we never do. He's one of the cheeriest people I know. That kind of passion that kind of fun doesn't exist that much. He is a bachelor. A lot of the women in Boston will be sad. He used to live with a woman, and she threw him out. She said you've got to get out of here, grow up. He looked at her and said, Mom! He is clearly going to be missed by all of us. He's one of the few guys I know that when he talks about something it's with total sin- cerity. Em going to miss him; the process is going to miss him. You've got to come back once in a while because you're one of the best guys we've ever had here. Farewell Remarks of Senator Andrea F. Nuciforo, Jr. Senator Senator Havern, thanks for your kind and generous introduction. NuciforJ'jr — We a" know that Senator Havern has a great sense of humor, and remarks.' " I gained an appreciation for that humor early on. Bob, you may remember back in 1998, in my first term here, we had a debate relating to the Northeast Dairy Compact. Then Senate President Tom Birmingham had an outside section to the budget that year that would have repealed the dairy compact, much to the cha- grin of the dairy farmers that I represent. As Birmingham used to say to me, I'm the only Senator that rep- resented more cows than people. I opposed the measure, and went around the chamber, trying to line up the votes to knock out the Senate president's outside section. Needless to say I came up a few votes short. After the vote was over, I said to Bob "I lost that vote — I'm really disappointed." And this is when I learned to appreciate Bob's sense of humor. Senator Havern said to me: "Oh yeah? Think how disappointed you'd be if you had won." So Bob, thanks for the kind words. Thanks also to Senate President Travaglini. Trav, thanks for your love for this institution. You've treated the presidency with respect, and you've treated the members, including me, like family. Thank you for building friendship and camaraderie in the Senate. I appreciate your service, and the hard work of your staff and what you've all done for the members. Thanks also to our good friend Terry Murray, our chair of ways and means. I had the pleasure this year of traveling with her to Russia — all those stories are protected by the KGB — not to be repeated here. They will remain in Russia, of course. She and her terrific staff have helped to make all my budget dreams come true over the last few years — Terry, thanks for your dedication and hard work there. Of course, I'll be even more grateful next year if the line item for the Berkshire Middle District Registry of Deeds shows a nice increase. I've still got your phone number, and I'll see you in St. Petersburg next year. Thanks to family and friends that have joined me here today. I'd also like to say a special thank you to my staff who are here today — Heather Viola, Patrick Quirk, Dan Collins, Teah Quinn, Chris Stack and my chief of staff, Andrew Schuyler. In the ten years I've been in the State House, I've spent a lot of time talking about my hometown, the great city of Pittsfield. I've talked about that city here, on the floor of the Senate, in caucus, in the hearing rooms and in the corridors outside this Chamber. The reason I have is because Pittsfield, and its history and its people, are what motivated me to come here to the State House in the first place. Pittsfield is a middle-class city of 44,000 people smack in the middle of Berkshire County. For many years, it was a GE town. 10,000 people worked at GE Pittsfield in the 1960s. We weren't unique — I'm sure Senator McGee, who had GE in Lynn, and Sen- ator Antonioni who had GE in Fitchburg. understand what I'm talking about. Our city, and the GE plant, supported my family and my friends and neighbors. And the communities that sprouted up around GE gave me all of the opportunity that I could ever have asked for — terrific public schools, a great and large family, and a vibrant and economically robust community. I knew, as a young boy growing up in Pittsfield, that I wanted to give back to the city that had given me and my family so much. And I believed then, and I still believe now, that getting into politics and public life was a way to do just that. Now, I've been in the State House a million times. But there are 2 visits here — the first time I came here, and the day I was sworn in for the first time — that really stand out in my mind. The first time I came here, I was 9 years old. There were 4 of us. I was here with my brother John, my uncle Tom, and my father. I remember looking around and seeing people from all over the Commonwealth come together here to air their differences, and resolve social and budgetary and economic and cultural issues of the day. This was a place of action and debate and discussion. The State House felt important to me, and I wanted to be a part of what was happening here. That memory — that lasting impression that I gained as a young boy — stayed with me into 1996. That was the year that my predecessor, Jane Swift of North Adams, announced that she would not be seeking reelection to the State Senate. From the moment I read that announcement in the Berkshire Eagle, I knew I would be a candidate, and I never doubted that I would win. Unfortunately, other people, namely my opponents, did doubt that I would win. That meant that we needed to get to work. And work we did. I sat down with an 8lA x 14 piece of paper, and made a list of every person that I knew — kids I went to elementary school with, guys I played soccer with, people I went to college with or worked with, my family, friends, neighbors — everyone I knew. Over the next week or so, my brothers and sisters and friends found contact information for all of these people. And for every one of them, we asked them for a lawn sign in their yard, a bumper sticker on their car, a kind word, a check, and a vote. And not necessarily in that order. The election came down to people — who had the best organiza- tion. And it was us, and we won a 4-way primary and a 3-way general election. Now that brings me to my second most memorable visit to the State House — January 1, 1997, the day I was sworn in for the first time. I was walking in to the Senate Chamber, around that wooden rail right there. A gentleman — one of the court officers — tapped me on the elbow, and introduced himself. It was Joe Foley — I know that many of you here remember Joe Foley, who worked here in the blue suit for about 35 years. Joe said "Senator, I've been waiting for you to get here, and I have a gift for you." He gave me a gift — this book right here. As you can see, this book is titled "Public Officers of Massachusetts 1965-66". I thumbed through the book. It has pictures of some of the great politicians in Massachusetts history — US Senator Leverett Saltonstall State Senator Joe Moakley The great Senate President Maurice Donahue An ambitious new state representative Michael Stanley Dukakis And a fresh-faced representative from South Boston William Michael Bulger. But Joe Foley turned my attention to page 63 -— there was a pic- ture of Andrea F. Nuciforo, Berkshires District, Pittsfield, MA. Joe said to me — that a few years after he started as a court officer here, my father came in as a freshman state senator, and that the two became friendly. Joe said: "your dad was kind and decent, and a man of his word. I hope and expect that you will be the same." Those words, by Joe Foley, have stuck with me ever since. I know that I was given a good reputation — it was given to me as a gift — and I felt then, and feel today, an obligation to preserve and enhance that. People back home sent me here for a reason: to represent them, and fight for their interests. I've done that to the best of my ability. When I came here in 1997, no priority was more important to the people of the Berkshires than the improvement of our downtowns — for purposes of improving our economic fortunes, as well as for boosting our community morale. With help from all of you members of the senate, we did improve our downtowns. In the Berkshires, we can see tangible results of that: * $6 million for the restoration of the Colonial Theatre in Pitts- field — Senator Brewer and Senator Murray, and the Senate Presi- dent have all been to the Berkshires to see the final product there, and the difference that has made to downtown Pittsfield. * Millions of state dollars to support our nourishing cultural venues, from MassMOCA in North Adams to the Mahaiwe Per- forming Art Center in Great Barrington. * Hundreds of thousands of dollars for streetscape improvements in downtown Pittsfield and other communities. * $5 million or more for brownfields remediation on the GE site in Pittsfield and scores of other former industrial sites in the Berk- shires. * Money for law enforcement to clean up a few troubled neigh- borhoods. We got the job done — we were committed to bringing our downtowns back, and preparing for new ideas and new investments. We're seeing the results of our work in Pittsfield and throughout Berkshire County right now. But even more important than that, in 1997 the Berkshires, and Pittsfield and North Adams in particular, needed a state senator that would really believe in a bright future for our cities and towns. Someone that believed that we could rise again, and fulfill the legacy of hope and prosperity and optimism that we carried with us from a generation earlier. Good schools — strong hospitals and clinics — fair economic opportunity — interesting museums and cultural offerings. We wanted to believe in a positive future. We have that now — walking through Pittsfield or North Adams today, you will meet people that believe in our downtowns that have embraced that optimism, and are genuinely excited about what the next ten years will bring. I am now on my way to a new adventure. I'll continue my public service at the registry of deeds in Berkshire County, and I'll be focusing on matters that have a more local flavor. I'll be separated by geography and distance from you, my col- leagues and friends, but you will remain in my memory and in my heart. Of course, what I'll miss most will be the humor that comes with this place. I recall, for example, Senator Creedon calling one of our late- night caucuses in the president's office "a culinary united nations." He said ". . . We've got an Italian Senate President serving Chinese food and French wine to a bunch of Irishmen." I remember Senator Berry — he's the equivalent of a late-night talk show host in the caucus — in 2003, on the floor of the senate. It was after we had done overrides on at least 100 of our then-new governor's vetoes. Fred stood up and said: "Mr. President, I move that when the Senate adjourns, it adjourn in memory of Mitt Romney." I also remember, during our debate on gay marriage, that the comedian Lenny Clarke paid us a visit. He told us that, much to his surprise, he got more marriage proposals that night in the Great Hall than he had had in the last 20 years. These are just a few of my many fond memories, and I'll miss the camaraderie and friendship we've developed over the years. Thank you for your kindness, and for the privilege of working with you. I know and trust that the interests of the people of the Commonwealth are in good hands with you. God bless, do good work here, and please keep in touch. Remarks of Senator Michael R. Knapik. Senator Mr. President today is the day we bid farewell to our friend and Knaptk— colleague, the distinguished Minority Leader, Brian P. Lees of East remarks. Longmeadow. It has been 18 years since he first entered this chamber and there is only one among us who recalls serving this body in a time before Brian Lees — that being the Dean of the Senate, Senator Berry. One can view the past 100 years in this Chamber as having been bookmarked by two Republican Senate Leaders who hailed from Western Massachusetts — the first, Calvin Coolidge of Northampton who served as Senator from 1912-1915 — the other being the gentleman we honor today who for 14 of the past 18 years has served as Minority Leader. Much has been written about Calvin Coolidge over the years, and we recall him being referred to as "Silent Cal". Brian Lees, on the other hand, was no Silent Cal! In fact, for the past two decades he has been the de facto Gov- ernor of Western Massachusetts. Not a project, not an initiative, not an idea came to fruition without the involvement of Brian Lees. From the State Office Building in Springfield, to the Basketball Hall of Fame, to the Hampden County House of Correction to the gleaming MassMutual Center to Riverfront development in his city of Springfield, none of it would have occurred without Brian's lead- ership. The North End Bridge, the South End Bridge, the Memorial Bridge — all great spans over the Connecticut River would be reha- bilitated on his watch. Money for Springfield during its time of need, resources for STCC, the Soldiers Home, and the hospitals of greater Springfield were always high on his agenda. And there are so many more examples of Brian working hard for our region. But the bricks and mortar only tell part of the story. To tell you Brian was beloved in Western Mass would be an understatement. Annually, his Golden Gathering would attract over 2,000 senior citi- zens and would become the largest Elder event in all the four Western Counties. They came to see Brian and his box lunches and his door prizes. He was smart in that regard, everyone left with something and they were sure to return the next year. For nearly 20 years, he held his annual Surprise Birthday party every July at the Hu Ke Lau in Chicopee — another 600 would come, listen to speeches and sing Happy Birthday to the guest of honor. Everything with Brian always seemed larger than life — his district, his outreach, and the way he advocated for his constituents and his concern for the citizens of First Hampden-Hampshire who placed their trust and faith in him for 18 years. We know he did them proud and all of us in the Western Delegation know, in Brian, we had a model for public service. This past fall the voters of Hampden County did Brian proud by electing him Clerk of Courts. He received over 5,000 write-in votes during a primary campaign which lasted about two weeks. He went on to win the general election in November and will soon have new responsibilities and new duties as he continues his public service career. As Brian takes his new oath of office on January 3 in the city of Springfield, we will be taking our oaths of office here in this Chamber, and to my right will sit a different Senator. And our debates in the future will be different and the character of this body will be different and the relationships among members will be dif- ferent. That, of course, is only to say that without Brian, things WILL be different. As we look around this Chamber, we can recall the oratorical exertions of the Minority Leader whether querying the Majority Leader over allocations at Salem State College — his alma mater, or referencing the gentle lady from Horseneck Beach, or debating the chair of Ways and Means with fury and passion. The Chairman of the Lawyers caucus would not be spared nor would the Chair of the Committee on Commerce and Labor, and Economic Development and Tourism and other things in defense of Evacuation Day. To listen to the debate with Brian and the Gentleman from the land of Johnny Appleseed was always a favorite, as was listening to the answers from the learned and sage Chairman of the Judiciary. As we recall, Brian often reminded us he was the only non-lawyer on that Committee and HE represented the people — which by the way was not a bad thing. To look around the room, Mr. President, we are reminded of the sparring with the Chairman of the AFL-CIO caucus on matters concerning the working men and women of the Common- wealth and not to forget the impassioned defense of that other Major holiday — Bunker Hill Day by the Senator from Cambridge. The Grand Poo-Bah of the Blackstone Valley! Who did more to promote tourism in central Mass than Senator Lees. Having been dubbed an official junior ranger of the Blackstone was a singular accomplishment in the career of the Minority Leader. The Senator to my left, of course, was known best perhaps by his other title, Mrs. Montigny's son. Mrs. Montigny, Brian would assure us, agreed with him on matters of state more than she did with her own son. And, even you, Mr. President, did not escape the gentle and respectful nudging of our colleague. Those were generally fol- lowed up by a brief conversation to the side of the rostrum. I can assure my colleagues that you were not alone in receiving Brian's friendly attention. Whenever, we would hear, "Mr. Presi- dent, under Rule 13-B, I request a Republican caucus" — the five of us would quickly huddle, ask if it was a real caucus or a lunch caucus or if one of us was about to be dressed down for something we had done. Each of us on numerous occasions would prove to be the object of the Leader's attention and with the proper motivation and encouragement were always set straight. But what was the point of all this? It was Brian at his best. It was Brian fully embracing this great democracy of ours, exhorting us, his colleagues, to understand, be accountable, and be responsible for our actions. To debate. To question. To vote. Sometimes it seemed as if Brian was the leader of 26 or 36 members. When Brian was at his best, we were at our best. You would often hear Brian at the end of session speeches tell us all to imagine how difficult it is to stand up to speak on an issue, say your piece, and then know you were going to lose the vote — virtu- ally every time. Even if you were right. But it was the debate that mattered. He always found a way to ensure his ideas and principles were incorporated into every piece of legislation that left this chamber. He helped to author workers' compensation legislation, unem- ployment insurance reform, as well as the majority of the economic development initiatives in the 1990's which made Massachusetts more competitive. This past year, he placed himself on the Health Care Reform Conference Committee, because he knew the success of this landmark bill was critical to the future of our state. Over 18 years, he was the trusted advisor and confidant of four Governors, three Senate Presidents and three Speakers, easily working across party lines for the betterment of our great Common- wealth. We will turn the page shortly on 2006 and on the distinguished Legislative Career of the gentleman from East Longmeadow. We will not soon forget the respect and civility and decency which characterized his public service nor his endearing manner. And next year, there will be someone new to ask the familiar questions, who is the sponsor of this amendment... what does it do... and what will it cost the taxpayers of the Commonwealth? Yes, it sure will be different next year. Like Calvin Coolidge, before him, Brian Lees will return to his hometown to start the next phase of his life and career, and while it is clear Brian Lees was no Silent Cal... he was, to be sure, our friend, and we will miss him. Godspeed Brian Lees. Remarks of Senator Therese Murray. Senator Since 1989, this Chamber has been graced with the presence of Therese the distinguished Minority Leader, the Senator from Hampden and remarks- Hampshire, Brian P. Lees — often referred to as Brian P. Leader. To give the body a perspective of just how long the Senator's tenure in the Massachusetts Senate has spanned, since Senator Lees has taken office we have seen: • The development of the first world wide web page — with thanks to A1 Gore • The entire Seinfeld series filmed • The collapse of the Soviet Union All events that I am sure the Minority Leader will somehow be able to take credit for achieving. In 1993, when I first encountered him, Senator Lees had just taken on the role as the voice of the Grand Old Party. There were 10 of them then. Senator Swift would carry most of the debate, as she was always prepared, and when he wasn't paying attention there would be subtle yell — Brian— Rule 13B. And of course, there was Senator Rauschenbach who would be directed by the minority leader to debate at length — for hours and hours — sometimes going to the next morning just to delay a vote. Senators Hahn, Sprague, Chase. He led them all with the power of four Governors behind him. And while their numbers are now smaller, anyone in the building can hear the distinguished minority leader's voice when he rises from his chair and asks that age old question, "Mr. President, Can the sponsor explain to me what this bill does and what it will cost the taxpayers of the Commonwealth?" Senator Lees' accomplishments in this body are too numerous to mention, but of particular note to me are the thoughtful, meaningful, landmark amendments that he has filed as part of our budget process: expanding St. Patrick's Day and Patriots Day holidays across the state, Blackberry wireless devises and fuel-efficient Mini- Coopers. There are few in this room— actually I don't think there is any one — that hasn't been the subject of the Minority Leader's wit and humor: •Sen. Antonioni — I think we will all be happy to let Johnny Appleseed rest in peace once Senator Lees has left this Chamber. • Sen. Creedon — you can now retire as chairman of the powerful but fictitious Lawyers Caucus. • Senator Pacheco and Senator Tolman can relax with the rest of the AFL caucus. • Sen. Hart — everyone but the distinguished Minority Leader knew that the proper name of his committee was the Economic Development and Emerging Technologies Committee, not some run-on name that engulfs everything under the sun. • Sen. Montigny — you will no longer have to explain who Brian P. Lees is to your mother and why this guy is claiming that she is somehow his ally. • Mr. President — you will be able to enjoy watching the Yan- kees get defeated in silence. Kelly and Andrew won't have to pretend they like him more than you. • Roget's Thesaurus — this book will get a rest because it won't be used to look up words like "emperor" or "sultan" or "Grand Pooh Bah". So finally, the gentleman from the Blackstone Valley will be rightfully referred to as "Senator Moore". For all of the humor that Senator Lees has brought to this Chamber, his legacy is much more than that. Spanning nearly 20 years, his advocacy on behalf of workers, small businesses and the residents that live west of Boston will echo throughout these halls long after he has said goodbye. He took on a daunting task in this body — the voice of the minority party. Building a consensus within his vast caucus — which used to be able to fit in a telephone booth, but now can rest comfortably atop his "fancy" new desk in the Hampden Clerk of Courts office (or a space in the corner of the hallway in the Court) — was one of the Minority Leader's many talents. Standing up and speaking out on virtually every bill that came before us, he used his position to ensure that the people of Massa- chusetts heard from all sides of an issue. He always did this with grace, conviction and with his interests at heart — I mean the interests of the people of the Commonwealth at heart. Whether he was with you or not and there were many times we were not on the same page, he was able to reach across party lines, put partisanship aside, and do what we are all elected to do — legis- late. 6 On a personal note, and I know many of us feel this way — Sen- ator Lees is as good a friend as he is a legislator. And while I know that I will continue to get voicemails scolding me for not having my cell phone on, it will be a loss not to see Senator Lees on a regular basis. We will miss the drama, the quick wit, the great monologues punctuated with arms waving and glasses in hand — pointing to the offending member or President. There are so many words that can describe the Senator from Hampden and Hampshire, but I think that the words "public servant" best portray Senator Brian P. Lees. Although we all know that the new Minority Leader will do a stellar job, I think that everyone agrees that the Grand Old Party won't be much of a party without Brian P. Lees. Thank you for your service and dedication to your constituents and the people of the Commonwealth of Massachusetts. We wish you the very best of luck in your new role as Clerk of Courts for Hampden County. But we have no money for a new desk or office. Thank You, Senator Lees for your friendship and your service. Farewell Remarks of Senator Minority Leader Brian P. Lees. Senator As a member of the Lawyers Caucus, I want to thank you for Brian P. giving me the opportunity to speak one last time in this Senate remarks. Chamber that has provided so many memories. Mr. President, I thought for a moment that perhaps you might take this last opportu- nity away after so many sessions in which I asked time and again, "How much will this cost the taxpayers of Massachusetts and what will it accomplish?" I am fairly sure I could not answer either question as to my remarks today. I can only promise that my thoughts will be genuine and from the heart. I took a walk around the State House this morning and was thinking back to when I first arrived on the scene in the late 1980's. I spent many days just remembering how to get from my office way upstairs on the 5th floor to the committee hearing rooms in the other part of this great building. Maneuvering through the vault-like hall- ways those first few days, I had never been in this building before and came with a little bit of trepidation, a handful of loyal staff, some core beliefs about the role of government and the bedrock principle that "one person can make a difference." It hasn't always been easy — particularly for those who had to put up with my constant call for public debate and for roll calls on the issues of the day — but I feel that I made a small impact. It's amazing how much in Massachusetts has changed but also how much has stayed the same since 1988. The Governor when I came had just run for President and was clearly the most unpopular politician in the state. The governor today is running for President and is clearly the most unpopular politician in the state. The first issue I debated and voted on when I got here was gay rights (putting sexual orientation in statute). The last issue I am going to debate and vote on here is gay rights (should gay couples be allowed to continue to marry). My first day 1 sat next to Freddy — "...just follow my lead he said." Freddy Berry got up, walked away, and sat in another chair. There were no computers then, we got one typewriter. The office I went in to was extremely messy and dirty. The minute we got it clean, Senate President Bulger came in and said, you're moving to the fifth floor. I've been elected eight other times since then, and it's been a wonderful experience. Went from new kid on block and the 40th out of 20 in here to the seasoned politician to 2nd in seniority out of 40. Mr. President in reviewing my time here I realized on many days I spoke more than 50% of the time we were in session and asked for nearly 75% of all roll calls in the last 14 years. You were right: Good God was I a pain in the ass. Of all the breaks and recesses — I asked for over 80% using Rule 13B and other tactics. Just think if I wasn't here we could prorogue in about June of every year. I have mentioned Amesbury, Salem State, Westvaco, Mrs. Mon- tigny, my radio show, the Blackstone Valley, Dick Moore, "...give me a break", Ed Brooke way too many times. I have prided myself over the years being the only one of the 4 leaders the President, Speaker, or House Minority Leader to never have a press person and sent out very few press releases. One reason could be in my 1st term and one of my 1st accom- plishments. I finally got a much needed street light at a very busy intersection in the middle of my district. Sent out the release, got the ABC and NBC affiliates to come, daily newspaper, 2 radio stations and a weekly paper to show up. Much fanfare. I turned the switch to go from green to red. 1st car stopped nicely — 2 seniors. Next car proceeded to wave to me — smashed into 1st car, 3rd car etc. Ambulance etc., etc., couldn't get out of there fast enough. Press tickled me the next day but I knew it could be worse so I really kept to a minimum those releases. After that — I just showed up when asked and if anything went wrong I just said it was Senator Melconian's event. During these past 18 years much has happened in the Senate and in my life some good some not so good. * 3 US Presidents * 5 Governors * 3 Presidents * 3 Speakers * Thousands of bills * Over 50 tax cuts * Overhaul entire government My father saw me sworn in 18 years ago unfortunately passed away. My wife saw me sworn in and is here today. All joking aside Mr. President, it has been my great honor working on behalf of the great people of the First Hampden and Hampshire District, I tried to demonstrate firsthand that it was pos- sible to disagree without being disagreeable. As I leave this role for a new and challenging one I would ask that you remember one thing you and I strived for every day — and that was treat everyone in here equally. It is, I believe, our most important legacy. I urge public officials all across America to pick up the heavy but worthy mantle that we have practiced that of cooperative problem-solving. Let's remember that we have so much more that unites us as a nation and commonwealth than the petty politics of highlighting our differences. People from Springfield to Salem, Hampden to Haver- hill, and East Longmeadow to East Boston, all want the same things: good schools, a safe neighborhood and a fiscally sound government that stays out of their backyards and bedrooms and concentrates on problems of a truly public nature like allowing an economy to grow jobs. A great leader of this state, former Governor Bill Weld, once said that "Liberals often don't see the problems, and conservatives don't see the promise, of government." He's as right now as when he said it long ago. We need, as a group, to take off our political blinders and see things from the other point of view. Public servants do a public dis- service when they ignore the great 65% who conflict with their base of support. We are elected to represent all of the people in our districts... not just the ones who look like us or vote like us or go to the same par- ties. I believe those of us in this Senate have always practiced those principles and I am honored and humbled to have just been a bit player with all my colleagues over the years. There are so many people I want to thank Mr. President. I have cut my comments down because it's the people and relationships here that have made my time here so enjoyable and memorable. I will never forget working with folks like: * Mike Dukakis * Bill Weld * Paul Cellucci * Jane Swift * Shannon O'Brien * Mary Padula * Bill Bulger * Henri Rauschenbach * Paul White * Bob Bernstein * Tom Birmingham * Biff McLean * Paul Harold * Jack Brennan * Charlie Flaherty * Mike Creedon (we once had to break down his door) While many often refer to us as the upper branch, never having come from the House, I always kind of thought of us as equal to my House Colleagues. So. too: * Sal DiMasi * Brad Jones * Bobby DeLeo * Todd Smola * Jim Welch * Don Humason * Cheryl Rivera * Mike Kane * Ron Mariano... to name only a few. Thank you, for all you have done for me. Mr. President, as I look around this room, I see so many friends I don't know where to start. Special recognition: Clerks Court Officers Senate Personnel (Ellen) Senate Counsel (David Sullivan) President's Staff All Staff — once was one can't run without you. Governor's office (John O'Keefe, Matt Grew, Beth Myers, Eric Fernstrom, Jack Cline and of course, Tom Trimarco) My staff dwindling: Former staff (Mike Caljou) Doug Shea Zak Greiner (now work for Richard Tisei) Dan Connelly (now work for Terry Murray) Eric Dahlberg Ed Kiely Ray Beattie Press: Frank Philips Scott Lehigh Janet Woo Colleen King Kevin McNicolus Dan Ring Carl Stevens District Staff: Brian Dolaher (10 years) Lois Scibelli (18 years) Christina Thompson (23 years) I'll get in trouble if I start — without mentioning everyone — as I think of all of you as my close friends and family — I don't have much. Can't forget the Republicans who made me their leader for the last 14 years. Of course my Republican colleagues: Sen. Tisei (my closest political friend) Sen. Tan- Sen. Hedlund Sen. Brown Honorary member Senator Baddour My closest friends: Lyman Wood Mike Wallace Rachel Bonavita Dan Curran (also co-host on radio show) Diane Moes (attended my swearing in) Alex Calcagno Debbie Joelson Remiss 3 colleagues -— a special recognition: Fun, mentors couldn't have done this job and been elected without them. Rep. Tom Petrolati Mike Knapik Steve Buoniconti And to you Mr. President and our crew (Joan Menard, Terry Murray, Freddie Berry) what can I say — it's been a blast. I've never met anyone like you and probably won't ever again. Some dictionaries put a picture next to a description. In my dic- tionary your picture would be next to the word loyal, dedicated friend. I do, however, have one confession to make — one I am ashamed, embarrassed and even reluctant to admit, When I was younger and in the Little League — Oh well, a picture says a thou- sand words. (Shows Little League picture as a Yankee). And finally, to all of you here today, my job was easy to do every day because of one person. I met her in the 9th grade. My wife, Nancy. In closing, it has been my honor to work in this Senate, a Senate where American President Calvin Coolidge also served. Let me end my remarks by quoting from President and Senator Coolidge. Com- menting on the same fundamental belief that one person can make a difference, Coolidge gives us all advice to keep in mind during those many times that we all feel like giving up and abandoning the battle of what we believe is right. Coolidge said: "Nothing in the world can take the place of Persistence. Talent will not: nothing is more common than unsuccessful men with talent. Genius will not: unrewarded genius is almost a proverb. Edu- cation will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan 'Press On' has solved and always will solve the problem of the human race." Thank you for allowing me the opportunity to put these words into action on behalf of my neighbors. I will miss you all very much. God bless you all. Remarks of Senator Richard T. Moore. Senator If this Senator were to follow Coolidge and become governor of Moore*"—T' the Commonwealth, only then would we see the true meaning of the remarks. phrase 'God Save the Commonwealth.' I am pleased to see the sainted Nancy Lees. Senator Lees has spent so many late nights in Boston, sometimes working, sometimes taking nourishment with his friends. A friend of hers once asked if she was worried about him chasing the women. She said, No, I'm not worried at all; dogs chase cars they can't drive. Senator Moore then read a poem touching on the Minority Lead- er's passing into the afterlife. PAPER FROM THE HOUSE. Engrossed Bills. Mr. Havern in the Chair, 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 Presi- dent (Mr. Havern) and laid before the Governor for his approbation, to wit: Authorizing the town of Arlington to issue certain temporary Bills laid loans in anticipation of bonds (see Senate, No. 2579, changed); Governor Relative to the taxation of forest, farm, and recreation land (see vernor- Senate. No. 2683); Providing for recall elections in the town of Canton (see House, No. 4387); Designating December 15 as bill of rights day (see House, No. 4600); and Relative to the town manager of the town of Weston (see House, No. 4861). A Bill establishing a sick leave bank for Paula Phelan, an Paula employee of the Massachusetts Department of Industrial Accidents Phelan,— (House, No. 5339,— on petition),— was read. bank The re being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill 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 Carol House Bill establishing a sick leave bank for Carol Denault, an Default,— employee of the Department of Mental Health (House, No. 5342),— ' ought to pass. There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. By Ms. Murray, for the committee on Ways and Means, that the James R. Senate Bill authorizing the state retirement board to grant a certain Johnson,— pension to James R. Johnson (Senate, No. 2750),— ought to pass, pensl0n' with an amendment substituting a new draft entitled "An Act autho- rizing the state retirement board to grant an accidental disability retirement to James R. Johnson" (Senate, No. 2767). There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill (Senate, No. 2767) was then ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence. Order Adopted. On motion of Mr. Moore,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. 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 Ms. Fargo, at a quarter before four o'clock P.M., the Senate adjourned to meet again on the following Monday at eleven o'clock A.M. 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 con- ferred by Senate Rule 4, to perform the duties of the Chair).

The Chair (Mr. Havern). members, guests and employees then Pledge of recited the pledge of allegiance to the Hag. allegiance.

Distinguished Guests. There being no objection, the Chair (Mr. Havern) handed the Highland gavel to Mr. Morrissey for the purpose of an introduction. Mr. Mor- School in rissey introduced second and fourth graders from the Highland Braintree. School in Braintree. Report. A report of the Massachusetts Small Business Advisory Council Massachusetts Small Business detailing the efforts and findings of their work, as well as recom- Advisory mendations for 2007 (received Thursday, December 14, 2006),— Council. 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 Brian J. the maximum age requirements for appointment as a firefighter in Donoghue,— the town of Norwood (Senate, No. 2734). Norwood. PAPERS FROM THE HOUSE. A Bill validating the action taken at the town election held by the Lanesborough,- town of Lanesborough (printed in House, No. 5121,— being a mes- validate sage from His Excellency the Governor), — was read and, under election. Senate Rule 26, referred to the committee on Ethics and Rules. Bills Authorizing the town of Westborough to release an easement Westborough,- over land (House, No. 4862,— on petition) [Local approval easement. received]; Relative to the stabilization fund of the town of Hopkinton Hopkinton,— stabilization (House, No. 4868,— on petition) [Local approval received]; fund. Exempting the position of deputy police chief in the town of Hingham,— Hingham from the civil service laws (House, No. 5036,— on peti- deputy police tion) [Local approval received]; chief. Dennis,— Establishing a golf course capital improvement fund in the town golf fund. of Dennis (House, No. 5087,— on petition) [Local approval received]; and Lexington,— Relative to town meeting votes in the town of Lexington (House, town meetings. 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:— Mr. and Mrs. Resolutions (filed by Mr. Creedon) "congratulating Mr. and Mrs. Leonard T. Leonard T. Kerwin on the occasion of their fiftieth wedding anniver- Kerwin. sary"; and Chronic Resolutions (filed by Mr. Moore) "recognizing the importance of Obstructive Pulmonary Chronic Obstructive Pulmonary Disease (COPD) and its manage- Disease. ment." 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: Taunton,— The Senate Bill creating the city of Taunton's Economic Devel- economic development opment Fund (Senate, No. 2714, changed),— was read a second fund. time, ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence. Norwood,— The House Bill clarifying the retirement status of a disabled Nor- Joseph wood police officer (House, No. 5327),— was read a second time, Fernandes. ordered to a third reading, read a third time and passed to be engrossed, in concurrence. Reports of a Committee. New Bedford,- By Ms. Murray, for the committee on Ways and Means, that the state land. Senate Bill relative to certain state owned land in the city of New Bedford (Senate, No. 47),— ought to pass, with an amendment sub- stituting 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. Racing. By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to horse and greyhound racing in the Common- wealth (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 pre- amble: "Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to extend the law authorizing simul- casting 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 that the rules be suspended 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. Mr. Brewer, for the committee on Bills in the Third Reading, Defibrillator,— reported, asking to be discharged from further consideration of the health clubs- amendment recommended by the Lieutenant-Governor, Acting Gov- ernor, to the engrossed Bill requiring automatic external defibrillator devices in health clubs (see Senate, No. 2681, amended) [for mes- sage, 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 amend- ment 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 Bills laid of the Trial Court (see Senate, No. 2105); and Governor Authorizing increased payment of pensioners for services after retirement (see House, No. 263). Emergency Preamble Adopted; Engrossed Bill Enacted. Paula An engrossed Bill establishing a sick leave bank for Paula Phelan,— sick leave Phelan, an employee of the Massachusetts Department of Industrial bank. 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 pre- amble 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. Maureen A petition (accompanied by bill, House, No. 5370) of A. Stephen Bambery,- Tobin for legislation to establish a sick leave bank for Maureen sick leave. Bambery, an employee of the Trial Court,— was referred, in con- currence, under suspension of Joint Rule 12, to the committee on the Judiciary. Order Adopted. On motion of Mr. Tisei,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. 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), 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 so 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. Thursday, December 21, 2006. Met at ten minutes past eleven o'clock A.M.

The President, members, guests and employees then recited the Pledge of pledge of allegiance to the Hag. allegiance.

Communications. The following communications were severally received and placed on file: Several communications from the Honorable Robert E. Travaglini, President of the Senate, announcing the following appointments: Special Senator John A. Hart, Jr. to the Performance Standards and Work- Commission, force Accountability Task Force (pursuant to Section 11 of Chap- Task Force and Advisory ter 23H of the Acts of 2006); Board,— Senators Steven C. Panagiotakos (Co-Chairperson) and John A. appointments. Hart, Jr., to the Robert H. Goddard Council on Science, Technology, Engineering, And Mathematics Education (pursuant to Section 4A of Chapter 15A of the General Laws); and Senator John A. Hart, Jr., to the Commonwealth Information Technology Initiative (CITI) Fund's Advisory Board (pursuant to Section 2TTT of Chapter 168 Acts of 2006); and A communication from the Department of Public Health relative Department of to a plan of correction submitted pursuant to inspection of the South Public Health. Middlesex Correctional Center (received Wednesday, December 20, 2006). Report. A report of the Executive Office of Environmental Affairs, on Executive Office of behalf of the Romney Administration, submitting a copy of "The State Environmental of Our Environment 2006" (received Wednesday, December 20, Affairs. 2006),— was placed on file. Reports of a Committee. By Mr. McGee, for the committee on Labor and Workforce Inspections,- Development, on petition, a Bill relative to the oversight of inspec- oversight. tions (Senate, No. 2747); Read and, under Senate Rule 27, referred to the committee on Ways and Means. By Mr. McGee, for the committee on Labor and Workforce Engineering Development, on petition, a Bill relative to the age of appointment inspectors,— of district engineering inspectors (Senate, No. 2748); age. Read and, under Senate Rule 26, referred to the committee on Ethics and Rules. PAPERS FROM THE HOUSE. Bills Robert Establishing a sick leave bank for Robert O'Haver, an employee O'Haver,— sick leave. of the Department of Correction (House, No. 5355,— on petition); William Lewis,- Establishing a sick leave bank for William Lewis, an employee of sick leave. the Trial Court (House, No. 5360,— on petition); Meridyth L. Establishing a sick leave bank for Meridyth L. Reith, an employee Reith,— sick leave. of the State Fire Marshal (House, No. 5361,— on petition); and Michael Establishing a sick leave bank for Michael Rafferty, an employee Rafferty,— of the Department of Correction (House, No. 5362,— on petition); sick leave. Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means. Patient A Bill to protect patient confidentiality (House, No. 1754, confidentiality. amended,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills Somerville,— Placing the health inspector under the supervision of the Division inspectional of Inspectional Services in the city of Somerville (House, No. 4641,— services. on petition) [Local approval received]; Ipswich,— Authorizing the town of Ipswich to make an appeal to the Appelate Tax Appellate Tax Board (House, No. 4986, amended,— on petition) Board. [Local approval received]; Provincetown,- Relative to the relocation and alteration of the layout of High High Pole Hill. Pole Hill Road in the town of Provincetown (House, No. 5136,— on petition) [Local approval received]; and East Authorizing the town of East Longmeadow to issue an additional Longmeadow license for the sale of all alcoholic beverages to be drunk on the Center Village. premises (House, No. 5350,— on House, No. 5338) [Local approval received on House, No. 5338]; 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:— Thomas P. Resolutions (filed by Mr. Barrios) "honoring Thomas P. O'Neill, O'Neill, III. III for his many years of dedicated service to Mount Auburn Hospital"; and Republic of Resolutions (filed by Ms. Menard, Mr. Barrios, Ms. Wilkerson, Portugal. Messrs. Havern, Moore, Timilty, O'Leary and Montigny, Ms. Resor, Ms. Murray and Mr. Pacheco) "memorializing the Portuguese Republic to retain the Consulate of Portugal in New Bedford." PAPERS FROM THE HOUSE. Emergency Preamble Adopted. Lori An engrossed Bill establishing a sick leave bank for Lori Mazanec, Mazanec,— an employee of the Trial Court of the Commonwealth (see House, sick leave. No. 5343), 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 con- currence, by a vote of 4 to 0. The bill was signed by the President and sent to the House for enactment. Engrossed Bills — Amended. The engrossed Bill relative to the Worcester DCU Arena and Worcester- ntlon Convention Center (see House, No. 5128, amended) (which origi- ™"t®r nated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was laid before the Senate. On motion of the Mr. Moore, Senate Rule 49 was suspended. Ms. Chandler moved to amend the engrossed bill in section 3, in subsection (a), by striking out clauses (iii) and (iv) and inserting in place thereof the following clauses:— "(iii) all undedicated receipts from the excise imposed by chap- ter 64H of the General Laws upon sales at retail by a vendor of meals, beverages and other tangible personal property or services within the DCU center finance district at establishments which were first opened for patronage on or after July 1, 2004; (iv) all undedicated receipts from the excise imposed by said chap- ter 64H upon sales at retail by a vendor of meals, beverages and other tangible personal property or services within the DCU center;". The amendment was adopted. Sent to the House for concurrence in the amendment. The engrossed Bill turther regulating parking for handicapped Handicapped persons (see Senate, No. 2647) (which originated in the Senate), Parklne- having been certified by the Senate Clerk to be rightly and truly pre- pared for final passage,— was laid before the Senate. On motion of the Mr. Tisei, Senate Rule 49 was suspended. Ms. Creem moved to amend the engrossed bill by striking out section 1 and inserting in place thereof the following section:— "SECTION 1. Clause (23) of section 21 of chapter 40 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:— (b) Parking spaces designated as reserved under paragraph (a) shall be identified by the use of above-grade signs with white letter- ing against a blue background and shall bear the words 'Handi- capped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense'. The spaces shall be as near as possible to a building entrance or walkway, shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person and shall be at least 8 feet wide, not including the cross hatch access aisle as defined by the architectural access board established in section 13A of chapter 22, The cross hatch access aisle abutting a handicapped parking space shall be considered part of the handicapped parking space to which it abuts to provide Handicapped individuals who use wheelchairs and other mobility aids with suffi- cient space to enter and exit their vehicles. No person shall park in the cross hatched access aisle." The amendment was adopted. Sent to the House for concurrence in the amendment. Bill Returned with Recommendation of Amendment. f;™ A message from Her Honor the Lieutenant Governor, Actin° Governor, returning with recommendation of amendment the engrossed Bill relative to child labor (see House, No. 4638, amended) [for message, see House, No. 5356],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:— By striking out section 5 (as engrossed) and inserting in place thereof the following section: "SECTION 5. The first paragraph of section 86 of said chap- ter 149, as appearing in the 2004 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— A person shall not employ a child, other than a child over the age of 14 granted an employment permit by the superintendent of schools when the superintendent determines that the welfare of the child will be better served through the granting of the permit, in any place of employment, other than street trades described in section 69; but a child 14 years of age or older in co- operative course in a public school may be employed by a co-opera- tive establishment upon securing from the superintendent of schools a permit covering the co-operating employment."; and in section 14 (as engrossed), in line 5, by striking out the words "and industries". The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment. The ruies were suspended, on motion of Ms. Spilka, and the Acting Governor's amendment was considered forthwith and adopted, in concurrence. Sent to the House for re-enactment. Pandemic A Bill making appropriations for the fiscal year 2007 to provide u' funding to support pandemic disease preparation and response in the Commonwealth (House, No. 5349),— came from the House with the endorsement that the House had concurred with the Senate in its amendment with further amendments striking out all after the enact- ing cause and inserting in place thereof the text contained in House document numbered 5369; and striking out the title and inserting in place thereof the following title: "An Act making appropriations for the fiscal year 2007 to provide funding to support pandemic disease preparation and response in the Commonwealth and in certain other matters". There being no objection, the rules were suspended on motion of Mr. Moore. Mr. Moore moved that the bill be substituted, in part, by "An Act further revising the membership of the Public Health Council" (Senate, No. 2770). The motion prevailed and the bill (Senate, No. 2770) was read. The rules were further suspended, on motion of the same Senator, and the bill was read a second time, ordered to a (bird reading, read a third time and passed to be engrossed. Sent to the House for concurrence. No further action was taken on the further House amendment to House, No. 5349. Matters Taken Out of the Orders of the Day. Ms. Resor in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4 to perform the duties of the Chair), there being no objection, the following matters were taken out of the Orders of the Day and considered as follows: The Senate Bill amending the charter of the town of Sandwich Sandwich (Senate, No. 2741),— was read a second time, ordered to a third charter reading, read a third time and passed to be engrossed. Sent to the House for concurrence. The House Bill authorizing the town of Wellesley to seek voter Wellesley,— approval to assess taxes for the purpose of funding said Town's ?roup Group Insurance Liability Fund (House, No. 4872),— was read a lnbUranct' second time. Pending the question on ordering the bill to a third reading, Ms. Creem moved that the bill be amended in section 1, by adding the following sentence:— "Adjustments to the town's limit on prop- erty taxes shall be computed as though the town has passed capital outlay exclusions under paragraph (il/2) of section 21C of chap- ter 59 of the General Laws.". The amendment was adopted. 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the town of Wellesley to seek voter approval to assess taxes for the purpose of funding the town's Group Insurance Liability Fund". Sent to the House for concurrence in the amendment. The House Bill designating the town of Natick as the Home of Natick/ Champions and the city of Brockton as the City of Champions (House, Brockton- No. 4958),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. The House Bill designating an overpass in the city of New Bedford New Bedford,— as the George Evangelos Patisteas Memorial Overpass (House, Patisteas No. 5295),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. The House Bill relative to the stabilization fund of the town of Hopedale,— Hopedale (House, No. 5302),— was read a second time, ordered to a stabilization 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 deposits into the stabilization fund of the town of Hopedale". Reports of Committees. 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: Animal The House Bill relative to penalties for animal fighting (House penalties" No 1765, amended). There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time. Pending the question on ordering the bill to a third reading, Mr. Hedlund presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate doc- ument numbered 2772. The amendment was adopted. 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: Lanesborough,— The House Bill validating the action taken at the town election validate held by the town of Lanesborough (printed in House, No. 5121). election. There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. Agricultural By Ms. Murray, for the committee on Ways and Means, that the land. House Bill relative to the leasing of publicly-owned land for agricul- tural purposes (House, No. 4658, amended),— ought to pass. There being no objection, the rules were suspended, on motion of Ms. Spilka, 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 the lease of publicly-owned land for agricultural purposes". Charles By Ms. Murray, for the committee on Ways and Means, that the River. House Bill establishing a Charles River water quality commission (House, No. 4683, amended),— 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. PAPERS FROM THE HOUSE. Billerica,— A Bill exempting certain clerical positions in the town of Billerica civil service from the provisions of the civil service law (House, No. 4695, on exemptions. petition) [Local approval received],— was read. There being no objection, the rules were suspended, on motion of Ms. Creem, 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 relative to bicycle safety (House, No. 5372,— on House Bicycle Nos. 1411 and 5194),— was read. safety- 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 providing for bicycle safety". A Bill authorizing the town of Billerica to execute a certain lease Biiierica,— a d (House, No. 5330,— on petition) [Local approval received],— was read. { "s e 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. A Bill designating the rotunda of the West Roxbury District James Joseph Court as the James Joseph Rush Rotunda (House, No. 5352,— on Rush Rotunda. petition),— was read. 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. The House Bill authorizing the town of Wareham to grant 5 addi- Wareham,— tional licenses for the sale of all alcoholic beverages to be drunk on }!iuor i • TT ^ lirpnsps the premises (House, No. 5003, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2706 with a further amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5353; and by striking out the title and inserting in place thereof the following title: "An Act authorizing the town of Wareham to grant certain alcoholic beverages licenses". The rules were suspended, on motion of Mr. Brown, and the House further amendment was considered forthwith and adopted, in concurrence (as corrected BTR). Report of a Committee. A report of the committee on Public Service, ought NOT to pass Easton,— (under Joint Rule 10) on the petition (accompanied by bill, Senate, ®{|ct.e(| No. 2713) of Brian A. Joyce (by vote of the town) for legislation to insurance, regulate certain insurance benefits for elected officials of the town of Easton. There being no objection, the rules were suspended, on motion of Mr. Brown, and the matter was considered forthwith. On motion of the same Senator, the petition was recommitted to the Joint Committee on Public Service. PAPERS FROM THE HOUSE. 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 (Ms. Resor) and laid before the Governor for his approbation, to wit: Bills laid Relative to the issuance of pension funding bonds by the city of before Quincy (see Senate, No. 2414); Governor. Relative to the Railroad Depot Contamination Remediation and Redevelopment Project of the city of New Bedford (see Senate No. 2742, amended); Authorizing the appointment of retired police officers as special police officers in the town of Millis (see House, No. 4318); Providing increased benefits to the surviving dependents of a for- mer member of the Boston Fire Department (see House, No. 4998); Authorizing the town of Belmont to place a certain question relative to the sale of all alcoholic beverages on the town's election ballot (see House, No. 5273); Authorizing the town of Belmont to place a certain question relative to the sale of wines and malt beverages on the town's elec- tion ballot (see House, No. 5274); Relative to the granting of special licenses for the sale of alco- holic beverages in the town of Belmont (see House, No. 5275); Providing for recall elections in the town of Hatfield (see House, No. 5286); Regulating the issuance of second hand motor vehicle licenses in the city of Revere (see House, No. 5317); Exempting Jeffrey L. Beohner and John Zaccari from the maxi- mum age requirement for applying for civil service appointment as a police officer in the town of Methuen (see House, No. 5318); and Establishing a sick leave bank for Lori Mazanec, an employee of the Trial Court of the Commonwealth (see House, No. 5343). 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: Swansea The House Bill relative to the Swansea Water District (House, Water No. 5179). District. There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time. Pending the question on ordering the bill to a third reading, Ms. Menard presented an amendment adding the following section:— "SECTION 2. For projects under this act which require wetlands and water quality permits from the department of environmental protection, the department shall consider and may authorize use of the pilot wetlands mitigation bank established under section 89 of chapter 291 of the acts of 2004 as a mitigation measure." The amendment was adopted. 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. Recess. There being no objection, at eleven minutes before twelve o'clock Recess, noon, the Chair (Ms. Resor) declared a recess subject to the call of the Chair; and, at fourteen minutes past two 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. A petition (accompanied by bill. House, No. 5375) of Rachel Michael Kaprielian relative to the establishment of a sick leave bank for ^vieave Michael F. Leavitt, an employee of the Department of Mental Retardation,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service. Emergency Preambles Adopted. An engrossed Bill establishing a sick leave bank for Tatiana TatianaLara- Lara-Melendez, an employee of the Department of Mental sicMe'endez,k leave — Retardation (see House, No. 5336), 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 pream- ble 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. An engrossed Bill establishing a sick leave bank for Carol Carol Den Denault, an employee of the Department of Mental Health (see sicauit,k leav—e House, No. 5342), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emer- gency 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 6 to 0. The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment. Report of a Committee. By Ms. Murray, for the committee on Ways and Means, that the insurance Senate Bill relative to standardizing insurance forms (Senate, No. 646),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2773). 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. 2773) was then ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence. 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: Hopkinton,— The House Bill relative to the stabilization fund of the town of stabilization Hopkinton (House, No. 4868),— was read a second time, ordered fund. 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 regu- lating open space preservation in the town of Hopkinton". 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: Bills laid Relative to disabled veterans' motor vehicle plates (see Senate, before No. 2428); and Governor. Relative to life insurance companies (see House, No. 4973). Recess. Recess. There being no objection, at eighteen minutes past two o'clock P.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at seven minutes past four o'clock P.M., the Senate reassembled, Mr. Pacheco in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to per- form the duties of the Chair). 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: Ipswich,— The House Bill authorizing the town of Ipswich to make an Appelate Tax appeal to the Appellate Tax Board (House, No. 4986, amended),— 031 was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. PAPERS PROM THE HOUSE. Birth The Senate Bill further regulating access to birth certificates certificates,— (Senate, No. 2690),— came from the House passed to be engrossed, access. in concurrence with amendments in section 1, by striking out clause (1) and inserting in place thereof the following clause: "(1) make available for inspection at the offices of the state registry the birth certificate prior to adoption which indicated the prior legal parent or parents listed on the initial birth certificate of if there has been more than 1 adoption, the birth certificate prior to the first adoption which indicates the biological parent or parents listed on the initial birth certificate."; and in section 5, by striking out the first paragraph of section 31 and inserting in place thereof the following paragraph: "SECTION 31. The registry of vital records and statistics, subject to appropriations, shall establish and maintain an adoption contact information registry for the purpose of connecting parents listed on the initial birth certificate to any ol their children who were adopted by others. The adoption contact registry shall at minimum be capa- ble of recording updated address and other information supplied by parents and adoptees needed for one to contact the other." The rules were suspended, on motion of Mr. Moore, and the House amendments were considered forthwith and adopted, in concurrence (as corrected BTR). Bill Returned with Recommendation of Amendment. A message from His Excellency the Governor, returning with rec- Massachusetts ommendation of amendment the engrossed Bill designating the History Day- annual observance of Massachusetts History Day and establishing a special commission on civic engagement and learning (see House, No, 3465, amended) [for message, see House, No. 5321],— came from the House with the endorsement that the House had rejected the amendment recommended by the Governor, and had adopted the following amendment, as follows: "By striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5374." The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and reenactment. The rules were suspended, on motion of Mr. Moore. The Governor's amendment was then rejected. The House amendment was considered; and it was adopted, in concurrence. Sent to the House for re-enactment. Emergency Preamble Adopted. An engrossed Bill relative to child labor (see House, No. 4638, Child amended), having been certified by the Senate Clerk to be rightly labor- 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 con- currence, by a vote of 4 to 0. The bill was signed by the Acting President (Mr. Pacheco) and sent to the House for enactment. Engrossed Bill. An engrossed Bill validating the action taken at the town election Bill laid before held by the town of Lanesborough (see House Bill, printed in House Governor. Bill laid No. 5121) (which originated in the House), having been certified before by the Senate Clerk to be rightly and truly prepared for final Governor. passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President (Mr. Pacheco) and laid before the Governor for his approbation. 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. Pacheco) and laid before the Governor for his approbation, to wit: Bills laid Regulating certain musical performances and the protection of before performing groups (see Senate, No. 2530); Governor. Relative to the leasing of publicly owned land for agricultural purposes (see House, No. 4658, amended); Establishing a Charles River water quality commission (see House, No. 4683, amended); Exempting certain clerical positions in the town of Billerica from the provisions of the civil service law (see House, No. 4695); Relative to the stabilization fund of the town of Hopkinton (see House, No. 4868); Designating the town of Natick as the Home of Champions and the city of Brockton as the City of Champions (see House, No. 4958); Designating an overpass in the city of New Bedford as the George Evangelos Patisteas Memorial Overpass (see House, No. 5295); Regulating elections in the town of Yarmouth (see House, No. 5300, amended); Relative to the stabilization fund of the town of Hopedale (see House, No. 5302); Authorizing the town of Billerica to execute a certain lease (see House, No, 5330); Establishing a sick leave bank for Tatiana Lara-Melendez, an employee of the Department of Mental Retardation (see House, No. 5336); Establishing a sick leave bank for Carol Denault, an employee of the Department of Mental Health (see House, No. 5342); Designating the rotunda of the West Roxbury District Court as the James Joseph Rush Rotunda (see House, No. 5352); and Providing for bicycle safety (see House, No. 5372). Order Adopted. On motion of Mr. Moore,— Time of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. again on Tuesday 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 the S.S. Leopoldville Disaster. The Senator from Essex and Middlesex, Mr. McGee, presented a request that when the Senate adjourns today, it do so in memory of the victims and survivors of the S.S. Leopoldville disaster on December 24, 1944. The S.S. Leopoldville was a passenger liner converted for use as a troopship in World War II. It was struck by a torpedo in the English Channel on Christmas Eve, December 24, 1944. five months before the end of the war in Europe. The S.S. Leopoldville was carrying reinforcements from the 262nd and 264th Regiments, 66th Infantry Division of the United States Army toward the Battle of the Bulge on the day the ship was attacked. Of the 2,235 American servicemen on board, approximately 763 died. Massachusetts lost 38 men in the S.S. Leopoldville disaster and there are still survivors living in the Commonwealth. Accordingly, as a mark of respect to the memory of the victims and survivors of the S.S. Leopoldville disaster, at twenty minutes past four o'clock P.M., on motion of Mr. Moore, the Senate adjourned to meet again on Tuesday next at eleven o'clock A.M. Tuesday, December 26, 2006. Met at three minutes past eleven o'clock A.M. (Mr. McGee in the Chair).

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

Communication. Secretary of the A communication from the Secretary of the Commonwealth Commonwealth. (under the provisions of Section 80 of Chapter 4 of the Acts of 2003) submitting copies of the Registry of Deeds Technology Advi- sory 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: Division of A report of the Division of Unemployment Assistance (under the Unemployment provisions of Section 14F of Chapter 151A of the General Laws) Assistance. relative to the condition of the Unemployment Insurance Trust Fund for the month of December 2006 (received Friday, December 22, 2006); and Department of A report of the Department of Public Health (pursuant to Public Health. 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: Ethics and The Senate Bill codifying the hepatitis C program (Senate, Rules Reports. 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:— Daniel St. Resolutions (filed by Mr. Pacheco) "congratulating Daniel St. George. George." Communication. A communication from the Honorable Counsel to the House and Corrective Counsel to the Senate submitting (pursuant to Section 53 of changes. Chapter 3 of the General Laws) proposed legislation making correc- tive changes in certain General and special laws (Senate, No. 2775) (received Tuesday, December 26. 2006),— was referred to the com- mittee 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 Metro- Humane Society,— politan Humane Society as special state police officers (Senate, special No. 1651),— was considered. officers. 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 East Longmeadow issue an additional license for the sale of all alcoholic beverages to Center be drunk on the premises (House, No, 5350),— was read a second Village. 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 Adult day Senate Bill to ensure adequate adult day health services (Senate, health No. 1141) (the committee on Health Care Financing having previ- ously 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. Reggie By Ms. Murray, for the committee on Ways and Means, that the Track House Bill relating to the Reggie Lewis Track at Roxbury Commu- nity College (House, No. 4366),— ought to pass, with an amend- ment 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: Patient The House Bill to protect patient confidentiality (House, confidentiality. 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. Marlborough A Bill establishing the Marlborough 2010 Corporation (House, 2010- 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. Quarterly By Mr. Buoniconti, for the committees on Rules of the two tax bills— branches, acting concurrently, that Joint Rule 12 be suspended on deadline. the Senate petition 0f Rjchard 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 sus- pended; 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 Therese were suspended on the petition, presented by Mr. Pacheco, (accom- panied by bill) of Marc R. Pacheco and James H. Fagan for legisla- bank.' tion 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., Recess, 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 James M. Boston section of the city of Boston as the James M. Kelly Bridge 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 Public Health Council (see Senate, No. 2770), having been certified by the coundl. 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 pre- amble 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 Massa- Massachusetts chusetts History Day and establishing a special commission on civic History Day. 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 sur- viving 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: Bills laid Further regulating access to birth certificates (see Senate before No. 2690, amended); Governor. Relative to funds deposited into Diane Zaniboni Breast Cancer Research Fund (see Senate, No. 2732); To protect patient confidentiality (see House, No. 1754); Authorizing the town of Ipswich to make an appeal to the Appel- late Tax Board (see House, No. 4986, amended); Authorizing the town of Wareham to grant certain alcoholic bev- erages 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 (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 re-enacted and were signed by the Acting President (Mr. McGee) and again laid before the Governor for his approbation, to wit: Bills again Requiring automatic external defibrillator devices in health clubs laid before (see Senate, No. 2681, amended); Governor. Designating the garter snake as the official reptile of the Com- monwealth (see Senate Bill, printed as House, No. 3453); and Relative to child labor (see House, No. 4638, amended). Medical peer The engrossed Bill relative to medical peer review committees review (see Senate, No. 2418, amended),— came from the House amended committees. 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. AnnetteV. 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 Junior 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 by 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 lend to defeat its purpose, which is to regulate further driver education and junior operators' licenses, therefore it is hereby declared to be an emer- gency 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 con- currence. Order Adopted. On motion of Mr. Baddour,— Ordered, That when the Senate adjourns today, it adjourn to meet Time of again on Thursday next at eleven o'clock A.M., and that the Clerk meetlng- 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 and grew up in Revere before moving to New Hamp- shire. 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 sib- lings. 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. Thursday, December 28, 2006. Met at one minute past eleven o'clock A.M. (Mr. Tolman in the Chair) (having been appointed by the President, under authority con- ferred by Senate Rule 4, to perform the duties of the Chair).

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

Distinguished Guest. Mike There being no objection, the Chair (Mr. Tolman) handed the Moriarty. gavel to Mr. Hedlund for the purpose of an introduction. Mr. Hed- lund welcomed Mike Moriarty, a boy scout from Troop 19 in Wey- mouth who was in the State House to work on a merit badge. Reports of Committees. Somerviiie,- By Mr. Timilty, for the committee on Municipalities and public Regional Government, on petition, a Bill pertaining to off-duty work employees. details or special details performed by public employees in the city of Somerviiie (Senate, No. 2771) [Local approval received] (Senator Timilty dissenting); and Easton,— elected By Ms. Jehlen, for the committee on Public Service, on the officials recommitted petition, a Bill regulating certain insurance benefits for insurance. elected officials of the town of Easton (Senate, No. 2713) [Local approval received]; Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session. PAPERS FROM THE HOUSE. Bills Domestic Relative to enhanced protection for victims of domestic violence violence. (printed in House, No. 30, amended,— being a message from His Excellency the Governor); Westborough,- Designating the new Department of Youth Services facility in Zara Cisco Westboro as the Zara Cisco Brough— "Little White Flower" Brough. Facility (House, No. 5138,— on petition); Milford,— Authorizing the Commissioner of Capital Asset Management and land Maintenance to convey certain land in the town of Milford (House, conveyance. No. 5174, amended,— on House, No. 5065); Home service Relative to home service contracts (House, No. 5344,— on contracts. House, No. 5034); Maureen Establishing a sick leave bank for Maureen Bambery, an Bambery,— employee of the Trial Court of the Commonwealth (House, sick leave. No. 5370,— on petition); Establishing a sick leave bank for Michael F. Leavitt, an Michael employee of the Department of Mental Retardation (House, Cleave. No. 5375,— on petition); and Establishing a sick leave bank for Annette V. Fielding, an Annette v. employee of the Department of Social Services (House, No. 5379,— ^k leave, on petition); Were severally 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. Hedlund) "on the retirement of 1st Heikkiw. Sergeant Heikki W. Pakkala"; and Pakkaia. Resolutions (filed by Mr. Joyce) "congratulating Richard Gene Richard Gene Bailey of Stoughton Boy Scout Troop 88 on earning the Eagle Scout Balley- Award." Reports of a Committee. By Ms. Murray, for the committee on Ways and Means, that the Grafton,— Senate Bill amending the conveyance of a certain parcel of land in ance the town of Grafton (Senate, No. 2726, changed),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2779). There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill (Senate, No. 2779) 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 Burton w. House Resolve in favor of Burton W. Gerrig, Esquire (House, Gerr,g- No. 4048),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. By Ms. Murray, for the committee on Ways and Means, that the Robert House Bill establishing a sick leave bank for Robert O'Haver, an employee of the Department of Correction (House, No. 5355),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. William By Ms. Murray, for the committee on Ways and Means, that the Lewis,— sick leave House Bill establishing a sick leave bank for William Lewis, an bank. employee of the Trial Court (House, No. 5360),— ought to pass. There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill 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. Marblehead,- water and A Bill relative to the acceptance of Chapter 40N of the General sewer Laws in the town of Marblehead (House, No. 5147,— on petition) systems. [Local approval received],— was read. There being no objection, the rules were suspended, on motion of Mr. Havern, 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 providing for acceptance of Chapter 40N of the General Laws in the town of Marblehead". Boston A Bill relative to the salaries of the members of the Boston Licensing Board,— licensing board (House, No. 5337,— on petition) [Local approval salaries. received],— was read. There being no objection, the rules were suspended, on motion of Mr. O'Leary, 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 Bills. Bill again An engrossed Bill designating the annual observance of Massa- laid before chusetts History Day and establishing a special commission on civic Governor. engagement and learning (see House, No. 3465, amended) (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 re-enacted and was signed by the Acting President (Mr. Tolman) and again laid before the Governor for his appro- bation. 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. Tolman) and laid before the Governor for his approbation, to wit: Bills laid Designating the Broadway Bridge in the South Boston section of before the city of Boston as the James M. Kelly Bridge (see Senate, Governor. No. 2761); Further revising the membership of the Public Health Council (see Senate, No. 2770); and Relative to certain retirement benefits for surviving spouses of the State Police (see House, No. 4941). Emergency Preamble Adopted. An engrossed Bill further regulating driver education and junior Junior t rs operator's licenses (see House, No. 5378), having been certified by ^™ e°s 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 Constitu- tion, the preamble was adopted in concurrence, by a vote of 5 to 0. The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment. Engrossed Bills. The following engrossed bills (the first six 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. Tolman) and laid before the Governor for his approbation, to wit: Relative to medical peer review committees (see Senate, No. 2418, Bills laid amended); Governor. Authorizing recall elections in the town of Upton (see Senate, No. 2613); Relative to the sewerage facilities and betterments in the town of Millbury (see Senate, No. 2735); Relative to the authority of the town of Auburn to convey a cer- tain parcel of land (see Senate, No. 2738); Exempting the position of Chief of Police in the town of Shrews- bury from the civil service law (see Senate, No. 2749); Authorizing the state retirement board to grant an accidental dis- ability retirement to James R. Johnson (see Senate, No. 2767); Establishing a Massachusetts work-family council (see House, No. 4216, amended); Authorizing the town of Shrewsbury to send certain information to the voters of the town (see House, No. 5013, amended); and Establishing the Marlborough 2010 Corporation (see House, No. 5369). The House Bill relative to penalties for animal fighting (House, Animal No, 1765, amended),— 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 2772. The rules were suspended, on motion of Mr. Moore, and, on motion of Mr. Hedlund, the Senate insisted on its amendment. The bill was returned to the House endorsed accordingly. Petition. On motion of Ms. Wilkerson, Senate Rule 20 and Joint Rule 12 Hynes,— were suspended on the petition, presented by Ms. Wilkerson, (accompanied by bill) of Dianne Wilkerson for legislation relative to Garage, the Hynes Convention Center and the Boston Common Parking Garage,— and the same was referred to the committee on State Administration and Regulatory Oversight. Sent to the House for concurrence. Order Adopted. Mr. Buoniconti offered the following order, to wit: Ordered, That the rules of the Senate be amended as follows:— Striking out Senate Rule 17 and inserting in place thereof the following:— 17. Bills, resolves, resolutions and orders shall be prepared under supervision of the "Bill Drafting Division". Bills, resolves, resolu- tions and orders founded upon petition shall be presented in an elec- tronic format as prescribed by the Clerk, who shall then prepare such electronically filed documents for printing on official paper. Any petition which presents a bill, resolve, resolution or order that was before the General Court in the legislative session preceding that for which it is presented shall be designated as a "refiled peti- tion" by the presenting member, together with reference to the number assigned such matter in the preceding legislative session. Bills amending existing laws shall not provide for striking words from, or inserting words in, such laws, unless such course is the best calculated to show clearly the subject and nature of the amendment. No repealed law and no law which has expired by limitation, and no part of any such law, shall be re-enacted by reference merely. Under the rules, referred to the committee on Ethics and Rules. Subsequently, Mr. Buoniconti, for the said committee, reported, recommending that the order ought to be adopted. The rules were suspended, on motion of Mr. Moore, and the order was considered forthwith and adopted. Recess. There being no objection, at seven minutes before twelve o'clock noon, the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at twenty-eight minutes before three o'clock P.M., the Senate reassembled, Mr. Tolman in the Chair. 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 relative to the issuance of certain alcoholic bev- erage licenses (House, No. 3340, changed),— 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 directing the State Retirement Board to retire James J. Cahill, a firefighter of the city of Boston (House, No. 5366,— on House, No. 4420) [Local approval received on House, No. 4420],— was read. There being no objection, the rules were suspended, on motion of Mr. Pacheco, 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. 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 relative to group marketing plans (House, Group No. 4974). marketing There being no objection, the rules were suspended, on planh' motion of Ms. Fargo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. 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 exempting the position of deputy police chief in Hingham,— the town of Hingham from the civil service laws (House, deputypoiice No. 5036),— was read a second time, ordered to a third reading, L lle read a third time and passed to be engrossed, in concurrence. PAPERS FROM THE HOUSE. Emergency Preambles Adopted. An engrossed Bill establishing a sick leave bank for William William Ij e s , Lewis, an employee of the Trial Court (see House, No. 5360), i "'1 c ~c having been certified by the Senate Clerk to be rightly and truly pre- bank. V pared 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 Amend- ments to the Constitution, the preamble was adopted in concurrence, by a vote of 6 to 0. The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment. An engrossed Bill making corrective changes in certain General Corrective and special laws (see Senate Bill, printed in Senate, No. 2775), chanses- having been certified by the Senate Clerk to be rightly and truly pre- pared 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 Amend- ments 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. Tolman) and sent to the House for enactment. An engrossed Bill establishing a sick leave bank for Robert Robert O'Haver, an employee of the Department of Correction (see House, ®c^eave~ No. 5355), 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 con- currence, by a vote of 4 to 0. The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment. Engrossed Bills. The following engrossed bills (the first four 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. Tolman) and laid before the Governor for his approbation, to wit: Bills laid Increasing consumer access to licensed marriage and family ther- before apists (see Senate, No. 136); Governor. Prohibiting certain dumping in the city of Brockton (see Senate No. 2606); Authorizing the Commissioner of Capital Asset Management and Maintenance to grant a certain easement in the town of Belchertown (see Senate, No. 2727); Relative to the charter of the city of Northampton (see Senate, No. 2739, amended); Relative to vehicle protection products (see House, No. 3062, amended); Authorizing the town of Wellesley to seek voter approval to assess taxes for the purpose of funding the town's group insurance liability fund (see House, No. 4872, amended); Relative to the acceptance of Chapter 40N of the General Laws in the town of Marblehead (see House, No. 5147); Clarifying the retirement status of a disabled Norwood police officer (see House, No. 5327); and Further regulating driver education and junior operator's licenses (see House, No. 5378). Engrossed Resolve. Resolve laid An engrossed Resolve in favor of Burton W. Gerrig, Esquire (see before House, No. 4048) (which originated in the House), having been Governor. certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed and was signed by the Acting Presi- dent (Mr. Tolman) and laid before the Governor for his appro- bation. Reports of a Committee. Milford,— By Ms. Murray, for the committee on Ways and Means, that the land House Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Milford (House, No. 5174),— 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, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: "An Act authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the town of Milford". By Ms. Murray, for the committee on Ways and Means, that the Meridyth L. House Bill establishing a sick leave bank for Meridyth L. Reith, an ^ ,4ave employee of the State Fire Marshal (House, No. 5361),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. Recess. There being no objection, at fourteen minutes before three Recess, o'clock P.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and. at four minutes before six o'clock P.M., the Senate reassembled, Mr. Tolman in the Chair. PAPERS FROM THE HOUSE. Emergency Preambles Adopted. An engrossed Bill relative to group marketing plans (see House, Group No. 4974), having been certified" by the Senate Clerk to be rightly ^ns6tmg 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 con- currence, by a vote of 5 to 0. The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment. An engrossed Bill authorizing the Commissioner of Capital Asset Milford,— Management and Maintenance to convey certain land in the town of conveyance Milford (see House, No. 5174, 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 Constitu- tion, the preamble was adopted in concurrence, by a vote of 3 to 0. The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment. An engrossed Bill establishing a sick leave bank for Meridyth L. Meridyth L. Reith, an employee of the State Fire Marshal (see House, No. 5361), ^^ having been certified by the Senate Clerk to be rightly and truly pre- pared 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 Amend- ments 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. Tolman) and sent to the House for enactment. 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. Tolman) and laid before the Governor for his approbation, to wit: Bills laid Making corrective changes in certain General and special laws before (see Senate Bill, printed in Senate, No. 2775); Governor. Relative to penalties for animal fighting (see House, No. 1765, amended); Relating to the Reggie Lewis Track at Roxbury Community Col- lege (see House, No. 4366, amended); Exempting the position of deputy police chief in the town of Hingham from the civil service laws (see House, No. 5036); Relative to the salaries of the members of the Boston licensing board (see House, No. 5337); Establishing a sick leave bank for Robert O'Haver, an employee of the Department of Correction (see House, No. 5355); Establishing a sick leave bank for William Lewis, an employee of the Trial Court (see House, No. 5360); and Directing the State-Boston Retirement Board to retire James J. Cahill, a firefighter of the city of Boston (see House, No. 5366). 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: North The House Bill relative to health benefits for elected officials in Andover,— health the town of North Andover (House, No. 4864),— was read a insurance. 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 limiting health insurance benefits for elected officials in the town of North Andover". PAPERS FROM THE HOUSE. Florida— A Bill relative to the town of Florida (House, No. 5364,— on taxPerty petition) [Local approval received],— was read. There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 the town of Florida to exempt certain property from taxation". New A Bill authorizing the city of New Bedford to issue an additional Bedford,— license for the sale of all alcoholic beverages to be drunk on the license. premises (House, No. 5340,— on petition) [Local approval received],— was read. There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 the city of New Bedford to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises". A Bill authorizing the town of Montague to exempt the Brick Montague,— House Community Resource Center Inc. from the payment of cer- Brick^ tain taxes (House, No. 5285,— on petition) [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. Richard A Bill authorizing creditable service for Richard Spicer (House, Spicer,— No. 5380,— on House, No. 5359) [Local approval received on creditable House, No. 5359],— was read. service. 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. Reports of a Committee. By Ms. Murray, for the committee on Ways and Means, that the Michael House Bill establishing a sick leave bank for Michael Rafferty, an employee of the Department of Correction (House, No. 5362),— S1C eave' ought to pass, with an amendment inserting at the end of section 1 the following sentence:— "Whenever Michael Rafferty terminates employment with the department or requests to dissolve the sick leave bank, the balance shall be transferred to the extended illness leave bank.". There being no objection, the rules were suspended, on motion of Mr. Moore, 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. By Ms. Murray, for the committee on Ways and Means, that the Michael House Bill establishing a sick leave bank for Michael F. Leavitt, an Leavitt,— employee of the Department of Mental Retardation (House, sick leave. No. 5375),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. By Ms. Murray, for the committee on Ways and Means, that the Maureen House Bill establishing a sick leave bank for Maureen Bambery, an ^jf^^T- employee of the Trial Court of the Commonwealth (House, No. 5370),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence. Annette V. By Ms. Murray, for the committee on Ways and Means, that the Fielding,— House Bill establishing a sick leave bank for Annette V. Fielding, an sick leave. employee of the Department of Social Services (House, No. 5379),— 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, in concurrence. 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: New The House Bill authorizing the city of New Bedford to regulate Bedford- motorized motorized bicycles and motorized scooters (House, No. 4354),— bicycles. 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. MBTA,- The Senate Bill relative to MBTA fare evasion (Senate, fare No. 2756),— came from the House passed to be engrossed, in con- currence with an amendment striking out all after the enacting clause and inserting in place thereof the text of House document num- bered 4503. The rules were suspended, on motion of Mr. Moore, and the House amendment was considered forthwith and adopted, in concurrence. Recess. Recess. There being no objection, at a quarter past six o'clock P.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at eighteen minutes before eight o'clock P.M.. the Senate reassembled, Mr. Pacheco in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair). Suspension of Senate Rule 38A. Senate Mr. Creedon moved that Senate Rule 38A, be suspended to allow Rule 38A,— the Senate to stay in session beyond the hour of eight o'clock P.M.; suspension. and that the requirement of a call of the yeas and nays for suspen- sion of said rule shall be suspended thereto. There being no objec- tion, the motion was considered forthwith; and it was adopted. PAPERS FROM THE HOUSE. Emergency Preamble Adopted; Engrossed Bill Enacted. MBTA,- An engrossed Bill relative to fare evasion on the Massachusetts fare Bay Transportation Authority (see Senate, No. 2756, amended), having been certified by the Senate Clerk to be rightly and truly pre- pared for final passage and containing an emergency preamble, was laid before the Senate; and, a separate vote being taken in accor- dance 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. Pacheco) and sent to the House for enactment. Subsequently, the bill, which originated in the Senate, 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. Pacheco) and laid before the Governor for his approbation. Engrossed Bill. An engrossed Bill relative to group marketing plans (see House, Bill laid No. 4974) (which originated in the House), having been certified Q0^®n0r 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 (Mr. Pacheco) and laid before the Governor for his approbation. Committee Changes. The Chair (Mr. Pacheco) announced the resignation of Senator Bills in Third Tarr of Essex and Middlesex as a member of the committee on Bills ^®^ership in the Third Reading and the appointment of Senator Brown of Nor- folk. Bristol and Middlesex to fill the vacancy. Subsequently, the Chair (Mr. Pacheco) announced the resignation of Senator Brown of Norfolk, Bristol and Middlesex as a member of said committee and the reappointment of Senator Tarr of Essex and Middlesex thereto. Reports of Committees. By Ms. Murray, for the committee on Ways and Means, that the Domestic House Bill relative to enhanced protection for victims of domestic vlolence- violence (printed in House, No. 30, amended),— ought to pass. There being no objection, the rules were suspended, on motion of Mr. Morrissey, 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 Reading to read as follows: "An Act further protecting victims of domestic violence". 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 relative to horse and greyhound racing in the Racing. Commonwealth (House, No. 5291) (the committee on Ways and Means having recommended that the bill be amended striking out all after the enacting clause and inserting in place thereof the text of Racing. 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 simul- casting of horse and dog racing, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience."). There being no objection, the rules were suspended, on motion of Mr. Creedon, and the bill was read a second time. The pending amendment recommended by the committee on Ways and Means was considered; and it was rejected. Mr. Morrissey moved to amend the bill by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2780; 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 further regulate horse and dog racing, there- fore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience." The amendment was adopted. 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. PAPER FROM THE HOUSE. Pandemic disease The House Bill making appropriations for the fiscal year 2007 to preparation. provide funding to support pandemic disease preparation and response in the Commonwealth (House, No. 5349),— having come from the House with the endorsement that the House had concurred with the Senate in its amendment with further amendments striking out all after the enacting cause an inserting in place thereof the text contained in House document numbered 5369; and striking out the title and inserting in place thereof the following title: "An Act making appropriations for the fiscal year 2007 to provide funding to support pandemic disease preparation and respond in the Common- wealth and in certain other matters.",—was again considered. The rules were suspended, on motion of Mr. Morrissey, and, on further motion of the same Senator, the Senate NON-con- curred in the further House amendments. Sent to the House for its action. Order Adopted. On motion of Mr. Brown,— Time Of Ordered, That when the Senate adjourns today, it adjourn to meet meeting. again on Tuesday 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 a quarter before ten o'clock P.M., the Senate adjourned to meet on the following Tuesday at eleven o'clock A.M.