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.

Thursday, January 29, 2004.

Met at three minutes past eleven o’clock A.M. (Mr. Hart in the Chair) (having been appointed by the President. under authority conferred by Senate Rule 4, to perform the duties of the Chair).

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

Communication.

A communication from the Commissioner of Youth Services (under the provisions of Section 16 of Chapter 123A of the General Laws) submitting a letter relative to the treatment of persons committed as sexually dangerous (received Friday, January 23, 2004) (copies having been forwarded to the Senate Committee on Ways and Means and to the joint committee on Criminal Justice),— was placed on file.  

Reports.

The following reports were severally read and placed on file:

A report of the comptroller of the Commonwealth (under the provisions of section 12 of Chapter 7A of the General Laws) submitting its annual financial report for the fiscal year ending June 30, 2003 (received Friday, January 9, 2004); and

A report of the Norfolk County Register of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) Submitting its plan of expenditure from the County Registers Technological Fund (received Friday, January 23, 2004).

Petitions.

Petitions were presented and referred as follows:

By Mr. O’Leary, a petition (accompanied by bill. Senate, No. 2196) of Robert A. O’Leary and Thomas N. George (by vote of the towns) for legislation to authorize the towns of Dennis and Brewster to grant conservation restrictions to certain land in said towns to the Department of Conservation and Recreation [Local approval received]; and

By the same Senator, a petition (accompanied by bill, Senate, No. 2197) of Robert A. O’Leary and Eric Turkington (by vote of the town) for legislation relative to the lease of a property in Oak Bluffs [Local approval received];
Severally, under Senate Rule 20, to the committee on Local Affairs and Regional Government.
Severally sent to the House for concurrence.  

Petitions were presented and referred, as follows:

By Ms. Tucker (by request). a petition (subject to Joint Rule 12) of Michael O’Connell for legislation relative to civil service police officers; and

By the same Senator, a petition (subject to Joint Rule 12) of Susan C. Tucker, Barry R. Finegold, Barbara A. L’Italien, Richard T. Moore and other members of the General court for legislation to further regulate meetings of municipal boards;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Morrissey, for the committee on Government Regulations, on Senate, No. 415 and House, Nos. 1660 and 3645, a Bill to amend insurance requirements for home inspectors (Senate, No. 415); and

By Ms. Wilkerson, for the committee on State Administration, on petition (accompanied by bill, Senate, No. 2042), a Bill relative to the disposition of certain state-owned land in the town of Winchester (Senate, No. 2195) [Local approval received on Senate, No. 2042];
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill relative to the open meeting law (Senate, No. 1685);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill relative to a certain easement in the town of Ipswich (Senate, No. 1177) [Local approval received]; and

By the same Senator, for the same committee, on the message of His Excellency the Governor, a Bill authorizing the town of Maynard to grant an easement over certain conservation land (printed in Senate, No. 2169);
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next Session.  

Committees Discharged.

Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration

Of the Senate Order relative to authorizing the joint committee on Commerce and Labor to make an investigation and study of Senate document numbered 71, relative to lemon laws (Senate, No. 2191);

Of the Senate Order relative to authorizing the joint committee on Commerce and Labor to make an investigation and study of Senate documents numbered 77 and 119, relative to personnel records (Senate, No. 2192);

Of the Senate Order relative to authorizing the joint committee on Commerce and Labor to make an investigation and study of Senate document numbered 79, relative to child labor laws (Senate, No. 2193); and

Of the Senate Order relative to authorizing the joint committee on Commerce and Labor to make an investigation and study of Senate document numbered 77, relative to public access to fitness facilities (Senate, No. 2194);

And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.  

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to further creating and protecting jobs, easing the unemployment insurance burden on employers and preserving the solvency of the trust fund (House, No. 4446),— was referred, in concurrence, to the committee on Commerce and Labor.  

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4448) of Thomas N. George and Robert A. O’Leary (by vote of the town) relative to the use of bond proceeds in the town of Dennis;

Petition (accompanied by bill, House, No. 4449) of Bradford Hill and Bruce E. Tarr (by vote of the town) relative to authorizing the town of Hamilton to convey certain land;

Petition (accompanied by bill, House, No. 4450) of Susan W. Pope (by vote of the town) relative to incurring debt for the construction or reconstruction to Wayland High School located in said town; and

Petition (accompanied by bill, House, No. 4451) of Anthony J. Verga and Bruce E. Tarr (with the approval of the mayor and city council) relative to the sale of certain land in the city of Gloucester;
Severally to the committee on Local Affairs and Regional Government.  

Petition (accompanied by bill, House, No. 4452) of Arthur J. Broadhurst, Stephen A. Baddour and another (with the approval of the mayor and city council) relative to authorizing the Methuen Retirement System to grant a superannuation pension to W. Philip Barrett and Claire Salois an employee of the city of Methuen;
To the committee on Public Service.  

Bills

Relative to motorcycle safety (House, No. 2124,— on House, Nos. 985, 1169 and 2124); and

Relative to electronic record standards (House, No. 4298,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

A Bill relative to the dissemination of criminal record information to private detectives (House, No. 1721,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

Bills

Authorizing the town of Belmont to designate a checkoff on its tax bill for the towns general fund (House, No. 3979,— on petition) [Local approval received];

Authorizing the modification of the form of property tax billing in the town of Belmont (House, No. 3981,— on petition) [Local approval received];

Authorizing the town of Natick to enter into a certain agreement with the town of Wellesley (House, No. 4043,— on petition) [Local approval received];

Relative to parking fines in the town of Chatham (House, No. 4078,— on petition) [Local approval received];

Authorizing the town of North Andover to grant a certain easement (House, No. 4090,— on petition) [Local approval received]; and

Authorizing the town of Salisbury to make an appeal to the Appellate Tax Board (House, No. 4296,— on House, No. 4116, in part) [Local approval received on House, No. 4116);
Were severally read and, under Senate Rule 26, placed in the orders of the Day for the next session.  

A report of the committee on Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3849) of Thomas M. Stanley, David F. Gately (mayor) and others (members of the city council) (with the approval of the mayor and city council) that the city of Waltham be authorized to use certain park land for water supply purposes, and recommending that the same be referred to the committee on State Administration,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.  

Resolutions.

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

Resolutions (filed by Ms. Melconian and Mr. Lees) “honoring Paul Picknelly”;

Resolutions (filed by Mrs. Sprague) “congratulating the Mansfield High School Football Team”;

Resolutions (filed by Mr. Tisei) “celebrating the two-hundredth anniversary of the First Baptist Church of Wakefield”; and

Resolutions (filed by Mr. Travaglini) “commemorating the fiftieth annual Classmates Today — Neighbors Tomorrow Brotherhood Program.”

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, on House, No. 3810, in part, a Bill “further regulating the early retirement of eligible employees of the Nashoba Associated Boards of Health” (Senate. No. 2185).
The bill was read. There being no objection, the rules were suspended, on motion of Ms. Resor, 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 House Bill authorizing the town of Bridgewater to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (printed as Senate, No. 2016),— 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 Bridgewater to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises”.  

The Senate Bill designating a certain roadway in the Veteran’s Memorial cemetery in the town of Winchendon (Senate, No. 2126),— 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 designating a certain roadway in the Veterans’ Memorial cemetery in the town of Winchendon.
Sent to the House for concurrence.  

The House Bill relative to the Geriatric Authority of the town of Milford (House, No. 193),— 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 payment obligations of the city of Brockton under a water supply contract (House, No. 4314),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.  

Report of a Committee.

By Ms. Creem, for the committee on Taxation, on petition, a Bill relative to the revaluation of real and personal property in the city of Revere (Senate, No. 1986) [Local approval received].
The bill 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.
Sent to the House for concurrence.  

A Bill relative to vacancies in certain offices in the town of Spencer (House, No. 4077,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Shannon, 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 placing the members of the fire department of the town of Acushnet under the civil service law (House, No. 4282,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Shannon, 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.

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 and laid before the Governor for his approbation, to wit:

Authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Bridgewater to Patrick Driscoll (see Senate, No. 1691, amended);

Designating a certain overpass in the city of Newburyport as the Raymond F. Welch Memorial Overpass (see Senate, No. 1854);

Relative to public works functions in the town of Belmont (see House, No. 4084); and

Relative to parking violations in the town of Wellfleet (see House, No. 4122).

Petition.

On motion of Mr. Shannon, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. McGee, (accompanied by bill) of Thomas M. McGee, Robert F. Fennell, Steven Myles Walsh and Douglas W. Petersen for legislation to authorize the division of capital asset management and maintenance to lease certain property,— and the same was referred to the committee on State Administration.
Sent to the House for concurrence.  

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House. No. 4478) of James E. Vallee relative to the use of an audiovisual recording device in movie theaters;
Under suspension of Joint Rule 12, to the committee on Criminal Justice.

Petition (accompanied by bill, House, No. 4479) of Eugene L. O’Flaherty for legislation to regulate the duration of time for the payment of alimony in certain divorce proceedings;

Petition (accompanied by bill, House, No. 4480) of Eugene L. O’Flaherty that the Probate Court be authorized to issue temporary orders for alimony during modification proceedings; and

Petition (accompanied by bill, House, No. 4481) of Eugene L. O’Flaherty relative to the establishment of a sick leave bank for Sheila Mahan, an employee of the Trial Court of the Commonwealth;
Severally, under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4482) of Colleen M. Garry, Steven A. Baddour and John A. Lepper relative to providing for the annual observance of Guardian’s Day;
Under suspension of Joint Rule 12, to the committee on State Administration.

Petition (accompanied by bill, House, No. 4483) of David M. Torrisi for legislation to further regulate the payment of real estate taxes in the cities and towns of the commonwealth;
Under suspension of Joint Rule 12, to the committee on Taxation.  

Order Adopted.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith and adopted, in concurrence, to wit:

Ordered, That all House matters pending before the former joint committee on Federal Financial Assistance shall be considered to be under the jurisdiction of the committee on Homeland Security and Federal Affairs.

On motion of Mr. Shannon,—

Ordered, That when the Senate adjourns today, it adjourn to meet 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 Mr. Tarr, at twelve minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.