NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Wednesday, January 18, 2006.

Met at seven minutes past one o’clock P.M. (Mr. Havern in the Chair).

Reports.

The following reports were severally read and placed on file:

A report of the Middlesex County District Attorney (under the provisions of Section 99R of Chapter 272 of the General Laws) relative to wiretap interceptions (received Friday, January 13, 2006);

A report of the Commissioner of Probation (under the provisions of Section 5 of Chapter 211F of the General Laws) submitting a copy of the 2005 annual report of the Office of Community Corrections (received Friday, January 13, 2006); and

A report of the Office of the Attorney General (under the provisions of Section 99R of Chapter 272 of the General Laws) relative to wiretap interceptions (received Tuesday, January 17, 2006).

Message from the Governor.

A message from His Excellency the Governor recommending legislation to authorize the direct shipment of wine and the resealing of wine bottles (Senate, No. 2335) (received in the office of the Clerk of the Senate on Wednesday, January 18, 2006 at twenty-five minutes past four o’clock P.M),— was referred to the committee on Consumer Protection and Professional Licensure.
Sent to the House for concurrence.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Augustus, a petition (subject to Joint Rule 12) of Edward M. Augustus, Jr., John J. Binienda, Scott P. Brown, Peter V. Kocot and other members of the General Court for legislation relative to disabled veterans’ motor vehicle plates; and

By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Scott P. Brown, Lewis G. Evangelidis and Robert A. Havern for legislation to revive and continue the Medical Malpractice Commission;
Severally, 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, asking to be discharged from further consideration of the Senate Bill relative to assault with bodily fluids upon correction officers (Senate, No. 1324, changed),— 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.

There being no objection at eight minutes past one o’clock P.M., the Chair (Mr. Havern) declared a recess subject to the call of the Chair; and, at twenty-seven minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.

The following prayer was offered by Father Bernard McLaughlin, Chaplain of the Senate:

It can be fairly said that we gather today, as on many days, in a world shaped by us — a world of fear and hope, light and darkness, war and peace. It is a world where we quickly learn that if there is no peace, there is no life worth living. But we persist. Today our streets from Baghdad to Boston shed American blood. It is as though we are trying to kill one another. We especially should remind ourselves that the future, if not our fate depends not on someone else but on us. Amen.

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

Distinguished Guests.

There being no objection, the President handed the gavel to Mr. Brewer for the purpose of an introduction. Mr. Brewer introduced students from the Quaboag Regional High School civics class. The students from West Brookfield and Warren were accompanied by their teacher Michael Frew.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Joyce) “congratulating Robert Kent Lamere, Jr.”;

Resolutions (filed by Mr. Joyce) “congratulating Michael Charles Obel-Omia”; and

Resolutions (filed by Ms. Walsh) “congratulating Michael J. Weir.”

Orders of the Day.

The Orders of the Day were considered, as follows:

The House Bill establishing a sick leave bank for Maureen Quinney, an employee of the Department of Revenue (House, No. 4450),— was read a third time and passed to be engrossed, in concurrence.

The House Bill establishing a sick leave bank for Barry Conway, an employee of the Department of Correction (House, No. 4475),— was read a third time and passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate.
Sent to the House for concurrence in the amendment previously adopted by the Senate.

The Senate Bill relative to student records (Senate, No. 2206),— was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Antonioni moved that the bill be amended by striking out in section 1, the fifth sentence in subsection (a), and inserting in place thereof the following:—

“For purposes of this section, any parent who does not have physical custody of a child shall be eligible for the receipt of information unless: (1) the parent’s access to the child is currently prohibited by a temporary or permanent protective order, except where the protective order, or any subsequent order which modifies the protective order, specifically allows access to the information described in this section; or (2) the parent is denied visitation or, based on a threat to the safety of the child, is currently denied legal custody of the child or is currently ordered to supervised visitation, and the threat is specifically noted in the order pertaining to custody or supervised visitation.”.
The amendment was adopted.

Ms. Creem moved that the bill be amended by striking the fifth sentence of subsection (a) of section 34H of chapter 71 of the General Laws, as inserted by SECTION 1 of the bill, and inserting in its place the following sentence:— “For purposes of this section, any parent who does not have physical custody of a child shall be eligible for the receipt of information pursuant to the procedures of this section unless said parent is denied legal custody of the child based on a threat to the safety of the child or to the custodial parent, or who is denied visitation, or who is ordered to supervised visitation, or whose access to their child or to the custodial parent is restricted by a temporary or permanent order unless said protective order, or any subsequent order which modifies said protective order, specifically allows access to the information described in this section.”; by adding in the third sentence of subsection (c) of said section 34H, as so inserted, after the words “court order which prohibits contact with the,” the following words:— “custodial parent or the;”; and by adding in said third sentence of said subsection (c), after the words “order issued to provide protection to the,” the following words:— “custodial parent or the.”
After debate, the amendment was rejected.

Mr. Antonioni, Ms. Creem and Mr. O’Leary moved that the bill be amended, in section 1, by striking out the third sentence of paragraph (a) and inserting in place thereof the following sentence:— “All electronic and postal address and telephone number information relating to either the work or home locations of the custodial parent shall be removed from information provided under this section.”
The amendment was adopted.
The bill (Senate, No. 2206, amended) was then ordered to a third reading.

The Senate Bill further regulating the retirement of certain employees of the department of fire services (Senate, No. 2293) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Barrios moved that the bill be amended by striking out section 2 and inserting in place thereof the following 2 sections:—

“SECTION 2. Section 3 of said chapter 32, as so appearing, is hereby amended by inserting after the word ‘affairs’, in line 312, the following words:— , full-time employees of the department of fire services in the executive office of public safety, if they have previously been full-time members of a fire department of any city, town or fire district, including Devens or the Massachusetts Port Authority fire departments, and have been members of group 4 for 10 or more years.

SECTION 3. No employee of the department of fire services, otherwise eligible for retirement under this act, shall be eligible for retirement under this act for a period of 1 year after the effective date of this act.”
Pending the question on adoption of the amendment, and pending the main question on passing the bill to be engrossed, Ms. Murray moved that the bill be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.

The Senate Bill penalizing domestic abusers (Senate, No. 2326),— was read a third time and, after remarks, was passed to be engrossed.
Sent to the House for concurrence.

The House Bill further regulating meetings of municipal boards (House, No. 4489),— was read a third time.

Pending the question on passing the bill to be engrossed, Ms. Tucker moved that the bill be amended in section 1, in the first sentence of proposed subsection (a) of section 23D of chapter 39 of the General Laws, by striking out the word “provided” (inserted by amendment by the House) and inserting in place thereof the following words:— “if the member, before voting, certifies in writing”; and in said section 1, in said proposed subsection (a) of said section 23D of said chapter 39, by inserting after the first sentence the following sentence:— “The written certification shall be part of the record of the hearing.”.
After remarks, the amendment was adopted.

The question on passing the bill, to be engrossed, in concurrence, with the amendment, was determined by a call of the yeas and nays at two minutes past two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 223]:

YEAS.
Antonioni, Robert A. Chandler, Harriette L.
Augustus, Edward M., Jr. Creedon, Robert S., Jr.
Baddour, Steven A. Creem, Cynthia Stone
Barrios, Jarrett T. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Brown, Scott P. Havern, Robert A.
Buoniconti, Stephen J. Hedlund, Robert L.
Jehlen, Patricia D. Pacheco, Marc R.
Joyce, Brian A. Panagiotakos, Steven C.
Knapik, Michael R. Resor, Pamela
Lees, Brian P. Spilka, Karen E.
McGee, Thomas M. Tarr, Bruce E.
Menard, Joan M. Timilty, James E.
Montigny, Mark C. Tisei, Richard R.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 37.
O’Leary, Robert A.  
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Rosenberg, Stanley C. — 2.

The yeas and nays having been completed at six minutes past two o’clock P.M., the bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The recommitted Senate Bill relative to rates of pilotage (Senate, No. 2204),— was considered.

The report of the committee on Environment, Natural Resources and Agriculture that the bill ought to pass,— was considered; and it was accepted.
Pending the main question on ordering the bill to a third reading and pending the question on adoption of the amendment previously moved by Mr. Morrissey, on motion of Mr. Antonioni, the bill was referred to the Senate committee on Ways and Means.

The Senate Bill relative to standards for protective headgear for operators or passengers on motorcycles (Senate, No. 1344),— was considered; the main question being on ordering the bill to a third reading.

Pending the question on ordering the bill to a third reading, Mr. Moore moved that the bill be amended by adding after section 2 the following new section:—

“SECTION 3. Every person operating a motorcycle or riding as a passenger or in a sidecar attached to a motorcycle who does not wear protective headgear conforming with the such minimum standards and construction as prescribed by the Registrar shall maintain a health insurance plan providing the person with at least $50,000 in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle and no person operating a motorcycle shall permit any other person to ride as a passenger on such motorcycle or in a sidecar unless that person provides proof that he maintains a health insurance plan providing the person with at least $50,000 in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. If the operator permits an individual to ride as a passenger, there shall be a presumption that the operator has received evidence that the passenger is enrolled in said insurance plan.

Any person operating a motorcycle or riding as a passenger or in a sidecar attached to a motorcycle without protective headgear who does not maintain a health insurance plan as provided in this section or who does not ascertain whether a passenger maintains such plan shall be subject to a fine of up to five thousand dollars for each offense.

In this section, ‘health insurance plan’ shall mean an individual, group, blanket, or franchise insurance policy, insurance agreement, evidence of coverage, group hospital service contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.”
The amendment was rejected.

Mr. Havern in the Chair, Mr. Moore moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2336.
After remarks, and pending the question on adoption of the amendment, and pending the main question on ordering the bill to a third reading, on motion of the same Senator, the further consideration thereof was postponed until Thursday, February 2.

The motion which, at a previous session had been moved by Mr. Moore, that the committee on Bonding, Capital Expenditures and State Assets be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 53) of Richard T. Moore, Jennifer M. Callahan and Paul Kujawski for legislation relative to the disposition of easements or other interests in land in Uxbridge under the care and control of the Department of Conservation and Recreation,— was considered.
After remarks, on further motion of Mr. Moore, the further consideration of this matter was postponed until Wednesday, February 1, 2006.

The Senate Bill to provide for the public inspection of records made or received by special state police officers at educational institutions and hospitals (Senate, No. 1735),— was read a second time.
After remarks, and pending the question on ordering the bill to a third reading, on motion of Mr. Lees, the further consideration thereof was postponed until Wednesday, February 15.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered as follows:

The Senate Bill creating a board of registrars in the town of Swampscott (Senate, No. 2270) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for 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 to authorize Benjamin Joress to file a civil service application for the position of police officer, notwithstanding the minimum age requirements (House, No. 4352).
There being no objection, the rules were suspended, on motion of Mr. Buoniconti, 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.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to heating energy assistance and tax relief (see House, No. 4473) as relates to section 7 (see, House, No. 4530) [for message, see House, No. 4529],— came from the House with endorsement that the House adopted the amendment as approved by the committee on Bills in the Third Reading striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4603.

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 rules were suspended, on motion of Ms. Menard, and the House amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

Engrossed Bill — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the town of Groton to lease or otherwise transfer a portion of the Groton town forest to the West Groton Water Supply District (see House, No. 4523, changed) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-five minutes past two o’clock P.M., as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 224]:

YEAS.
Antonioni, Robert A. Chandler, Harriette L.
Augustus, Edward M., Jr. Creedon, Robert S., Jr.
Baddour, Steven A. Creem, Cynthia Stone
Barrios, Jarrett T. Fargo, Susan C.
Brewer, Stephen M. Hart, John A., Jr.
Brown, Scott P. Havern, Robert A.
Buoniconti, Stephen J. Hedlund, Robert L.
Jehlen, Patricia D. Pacheco, Marc R.
Joyce, Brian A. Panagiotakos, Steven C.
Knapik, Michael R. Resor, Pamela
Lees, Brian P. Spilka, Karen E.
McGee, Thomas M. Tarr, Bruce E.
Menard, Joan M. Timilty, James E.
Montigny, Mark C. Tisei, Richard R.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Tucker, Susan C.
Murray, Therese Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne — 37.
O’Leary, Robert A.  
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Rosenberg, Stanley C. — 2.

The yeas and nays having been completed at twenty-eight minutes past two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President (Mr. Havern), having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) 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. Havern) and laid before the Governor for his approbation, to wit:

Relative to the Essex North Shore Agricultural and Technical School District (see Senate, No. 2317, amended); and

Authorizing Peter Jakub Jegorow to take the civil service examination for the position of firefighter in the city of Haverhill notwithstanding the maximum age requirement (see House, No. 295).

A petition (accompanied by bill, House, No. 4634) of Peter J. Koutoujian for legislation to establish a sick leave bank for Ellen E. Briggs, an employee of the Trial Court of the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition.

On motion of Mr. Antonioni, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Antonioni, (accompanied by bill) of Robert A. Antonioni for legislation to establish a grant program for the purpose of expanding learning time and improving student success,— and the same was referred to the committee on Education.
Sent to the House for concurrence.

Report of Committees.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Robert A. Antonioni for legislation relative to extending drug free zones to child care centers.
Senate Rule 36 was suspended, on motion of Ms. Menard, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

Order Adopted.

On motion of Mr. Nuciforo,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. Lees, at twenty-five minutes before three o’clock P.M., the Senate adjourned to meet again tomorrow at eleven o’clock A.M.