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, February 3, 2005.

Met at thirteen minutes past one o’clock P.M.

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 Ms. Wilkerson and Ms. Walsh for the purpose of an introduction. Ms. Wilkerson introduced, seated in the rear of the Chamber, former Senator James Hennigan. Former Senator Hennigan is visiting the Senate on the 50th Anniversary of his first term in the Massachusetts State Senate and was accompanied by daughters Maura Hennigan, a Boston City Councilor, and Helen. Former Senator Hennigan briefly addressed the Senate and withdrew from the Chamber.

There being no objection, the President handed the gavel to Mr. O’Leary for the purpose of an introduction. Mr. O’Leary introduced seated in the Senate Gallery the Provincetown High School student council.

There being no objection, the President handed the gavel to Mr. Brown for the purpose of an introduction. Mr. Brown introduced, seated in the Senate Gallery, John MacGillivray, the director of Veteran’s Services for the town of Natick. Mr. MacGillivray was the guest of Mr. Brown and Ms. Spilka.

Communications.

The Senate President and the Minority Leader have announced the following committee appointments:

OFFICE OF THE PRESIDENT
MASSACHUSETTS SENATE
STATE HOUSE. BOSTON 02133-1007

February 3, 2005.

Mr. William Welch
Clerk of the Senate
State House
Room 335
Boston, MA 02133

Dear Mr. Clerk,

I have on this day made the following committee appointments:

Senate Standing Committees

Ways and Means
Post Audit & Oversight
Murray — Chair Pacheco — Chair

Panagiotakos — Vice Chair

Fargo — Vice Chair

Tolman — Asst. Vice Chair

Baddour
Antonioni

Havern

Augustus

Moore

Brewer

Panagiotakos

Chandler

 

Fargo

Rules & Ethics

Morrissey

Shannon — Chair

Pacheco

Travaglini — Vice Chair
Resor

Menard

Shannon

Murray

Tucker  
Wilkerson  
   

Bills in Third Reading

 

Brewer — Chair

 

Shannon — Vice Chair

 

Moore

 

Montigny

 

Joint Standing Committees

Financial Services

Higher Education

Nuciforo — Chair

O’Leary — Chair

Wilkerson — Vice Chair

Panagiotakos — Vice Chair

Buoniconti

Moore
Montigny

Nuciforo

Tucker

Rosenberg

   
Economic Development & Emerging Technology
Mental Health &Substance Abuse

Hart — Chair

Tolman — Chair

Montigny — Vice Chair

Antonioni — Vice Chair

Creem

Berry

Spilka

Hart

Tucker

Wilkerson

   
Education
Health Care Financing
Antonioni — Chair Moore — Chair
Augustus — Vice Chair Tolman — Vice Chair
Resor Chandler
Spilka Fargo
Wilkerson Spilka
   
Election Laws
Public Health

Augustus — Chair

Fargo — Chair
Spilka — Vice Chair

Creem — Vice Chair

Baddour

Barrios

Morrissey

Buoniconti

Nuciforo

Chandler

   
Telecommunications, Utilities & Energy
The Judiciary
Morrissey — Chair Creedon — Chair
Tucker — Vice Chair Baddour — Vice Chair
Creem Antonioni
Pacheco Creem
Walsh McGee
   

Consumer Protection & Professional Licensure

Children & Families

Morrissey — Chair

Spilka — Chair
Montigny — Vice Chair

McGee — Vice Chair

Barrios

Baddour

Joyce

Berry

Nuciforo

Resor

   
Housing
State Administration &Regulatory Oversight
Joyce — Chair Wilkerson — Chair
O’Leary — Vice Chair Shannon — Vice Chair
Barrios

Creedon

Chandler Fargo
Panagiotakos Tolman
   
Environment, Natural Resources & Agriculture

Elder Affairs

Resor — Chair

Tucker — Chair
Pacheco — Vice Chair

Nuciforo — Vice Chair

Brewer

Creedon

Creedon O’Leary
O’Leary Timilty
   
Public Safety & Homeland Security

Tourism, Arts & Cultural Development

Barrios — Chair Hart — Chair
Brewer — Vice Chair Timilty — Vice Chair
Buoniconti Morrissey
Menard Resor
Pacheco Walsh
   

Public Service

Community Development & Small Business
Buoniconti — Chair

Chandler — Chair

Tolman — Vice Chair

Buoniconti — Vice Chair

Hart

Joyce

Joyce

McGee

Shannon

Timilty

   
Transportation
Labor & Workforce Development
Baddour — Chair McGee — Chair
Chandler — Vice Chair Resor — Vice Chair
Barrios Antonioni
McGee Augustus
Montigny Tolman
Timilty  
 
Revenue

Municipalities & Regional Government

Creem — Chair

Timilty — Chair

Joyce — Vice Chair

Shannon — Vice Chair

Havern

Baddour

O’Leary

Barrios

Rosenberg

Fargo  
 
Veterans & Federal Affairs
Bonding, Capital Expenditures & State Assets
Brewer — Chair

Montigny — Chair

Creedon — Vice Chair

Joyce — Vice Chair

Augustus

Creem

Hart

Moore

McGee

Wilkerson  

 

 

Sincerely,
ROBERT E. TRAVAGLINI,
Senate President.

COMMONWEALTH OF MASSACHUSETTS
SENATE MINORITY LEADER
STATE HOUSE, BOSTON 02133-1053

February 3, 2005.

Mr. William Welch
Clerk of the Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

The following are the Republican caucus committee assignments for the 2005-2006 legislative session.

Senate Standing Committees:

Ways & Means
Senator Knapik of Hampden and Hampshire
 
Senator Tisei of Middlesex and Essex
 
Senator Tarr of Essex and Middlesex
Bills in Third Reading
Senator Tarr of Essex and Middlesex
Post Audit & Oversight
Senator Hedlund of Plymouth and Norfolk
Ethics and Rules
Senator Lees of Hampden and Hampshire
 
Senator Tisei of Middlesex and Essex

 

Joint Standing Committees:

Bonding, Capital Expenditures and State Assets
Senator Knapik of Hampden and Hampshire
Children and Families
Senator Tarr of Essex and Middlesex
Community Development and Small Business
Senator Hedlund of Plymouth and Norfolk
Consumer Protection and Professional Licensure
Senator Brown of Norfolk, Bristol and Middlesex

Economic Development and Emerging Technology

Senator Tisei of Middlesex and Essex
Education
Senator Brown of Norfolk, Bristol and Middlesex
Elder Affairs:
Senator Tisei of Middlesex and Essex
Election Laws
Senator Brown of Norfolk, Bristol and Middlesex

Environment, Natural Resources and Agriculture

Senator Tarr of Essex and Middlesex
Financial Services
Senator Brown of Norfolk, Bristol and Middlesex
Health Care Financing
Senator Brown of Norfolk, Bristol and Middlesex
Higher Education
Senator Tarr of Essex and Middlesex
Housing
Senator Hedlund of Plymouth and Norfolk
The Judiciary
Senator Lees of Hampden and Hampshire
Labor and Workforce Development
Senator Hedlund of Plymouth and Norfolk
Mental Health and Substance Abuse
Senator Tisei of Middlesex and Essex
Municipalities and Regional Government
Senator Knapik of Hampden and Hampshire

Public Health

Senator Tarr of Essex and Middlesex
Public Safety and Homeland Security
Senator Tarr of Essex and Middlesex

Public Service

Senator Hedlund of Plymouth and Norfolk
State Administration and Regulatory Oversight
Senator Tisei of Middlesex and Essex

Revenue

Senator Knapik of Hampden and Hampshire
Telecommunications, Utilities and Energy
Senator Lees of Hampden and Hampshire
Tourism, Arts and Cultural Development
Senator Lees of Hampden and Hampshire
Transportation
Senator Hedlund of Plymouth and Norfolk
Veterans and Federal Affairs
Senator Brown of Norfolk, Bristol and Middlesex

Thank you for your consideration of this matter.

Sincerely,
BRIAN P. LEES,
Minority Leader.

Resolutions.

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

Resolutions (filed by Mr. Brown and Ms. Creem) “congratulating the Rotary Club of Wellesley for 100 years of community service”;
Resolutions (filed by Mr. Creedon) “congratulating Haikal Haikal on the occasion of his seventy-fifth birthday”; and
Resolutions (filed by Mr. Lees) “commending the Ronald Reagan Legacy Project’s celebration of February 6, 2005 as ‘Ronald Reagan Day’.”

Order Adopted.

Mr. Brewer offered the following order,—

Ordered, That Senate Rule 7 be amended by striking out the words “Steering and Policy” each time they appear and inserting in place thereof thewords “Ethics and Rules”.
The order was adopted.

Recess.

There being no objection, at a half past one o’clock P.M., the President declared a recess subject to the call of the Chair; and, at twenty-four minutes past two o’clock P.M., the Senate reassembled, the President in the Chair.

PAPER FROM THE HOUSE.

A Bill relative to expanding the military mission at Hanscom Air Force Base and Soldier Systems Center — Natick(House, No. 2008, amended,— being a message from His Excellency the Governor),— was read.

There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time.

Pending the question on ordering the bill to a third reading, Ms. Fargo moved the bill be amended by inserting after Section 5 (as printed) the following section:—

“SECTION 5A. MassDevelopment shall establish an advisory council of the municipal governments in which Hanscom and Natick are located, which shall consist of a representative, appointed by the executive body, from each of the towns of Bedford, Concord, Lexington, Lincoln and Natick. The advisory council shall receive quarterly progress updates on the project’s development from MassDevelopment and shall offer comment on local concerns and considerations regarding the progress and development of the project.”
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: An Act relative to expanding the military mission at Hanscom Air Force Base and the US Army Soldier Systems Center (Natick)’’.
Sent to the House for concurrence in the amendment.

Recess.

There being no objection, at eighteen minutes before three o’clock P.M., the President declared a recess subject to the call of the Chair; and, at ten minutes past three o’clock P.M., the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.

The House Bill relative to expanding the military mission at Hanscom Air Force Base and the US Army Soldier Systems Center (Natick) (House, No. 2008, amended),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment inserting after section 5 (as printed) the following section:—

“SECTION 5A. MassDevelopment shall establish an advisory council of the municipal governments in which Hanscom and Natick are located, which shall consist of a representative, appointed by chief executive officer, from each of the towns of Bedford, Concord, Lexington, Lincoln, and Natick. The advisory council shall received quarterly progress updates on the project’s development from MassDevelopment and shall offer comment on local concerns and considerations regarding the progress and development of the project.”.
On motion of Ms. Fargo, the Senate receded from its amendment.

Emergency Preamble Adopted.

An engrossed Bill relative to expanding the military mission at Hanscom Air Force Base and the US Army Soldier Systems Center (Natick) (see House, No. 2008, 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 9 to 0.
The bill was signed by the President and sent to the House for enactment.

Distinguished Guests.

There being no objection, the Chair (Ms. Walsh) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) introduced, seated in the Senate Gallery, Girl Scouts Troop 4412 from Scituate. They were the guests of Senator Hedlund.

PAPER FROM THE HOUSE.

Engrossed Bill — State Loan.

An engrossed Bill relative to expanding the military mission at Hanscom Air Force Base and the US Army Soldier Systems Center (Natick) (see House, No. 2008, amended) (which originated in the House), having been certified by the SenateClerk to be rightly and truly prepared for final passage, was put upon its final passage; and, this being a bill providing for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII of the Amendments to the Constitution, the question on passing it to be enacted was deter- mined by a call of the yeas and nays, at eleven minutes past four o’clock A.M., as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 3]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Augustus, Edward M., Jr.

Montigny, Mark C.

Baddour, Steven A.

Moore, Richard T.
Barrios, Jarrett T.

Murray, Therese

Berry, Frederick E.

Nuciforo, Andrea F., Jr.

Brewer, Stephen M.

O’Leary, Robert A.

Brown, Scott P.

Pacheco, Marc R.

Buoniconti, Stephen J.

Panagiotakos, Steven C.
Chandler, Harriette L. Resor, Pamela
Creem, Cynthia Stone Rosenberg, Stanley C.
Fargo, Susan C. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E
Havern, Robert A. Timilty, James E.
Hedlund, Robert L. Tisei, Richard R.

Joyce, Brian A.

Tolman, Steven A.

Knapik, Michael R.

Tucker, Susan C.

Lees, Brian P.

Walsh, Marian

McGee, Thomas M.

Wilkerson, Dianne — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Shannon, Charles E. — 3.
Morrissey, Michael W.  

The yeas and nays having been completed at a quarter past four 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 and laid before the Governor for his approbation.

 Order Adopted.

On motion of Mr. Berry,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M.

Adjournment in Memory of Patrick C. Forde.

The Senator from Norfolk, Bristol and Middlesex, Mr. Brown moved that when the Senate adjourns today, it adjourn in memory of Patrick C. Forde of Needham. Mr. Forde was a member of the staff of Representative Lida E. Harkins and a long-time participant in local government who died on Wednesday, January 26, 2005.

Accordingly, as a mark of respect to the memory of Patrick C. Forde, at seventeen minutes past four o’clock P.M., on motion of Mr. Lees, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.