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 19, 2004.

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

The Senator from Middlesex and Essex, Mr. Tisei, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Communications.

The following communications were severally placed on file:

Communication from Stephen V. Price, Commissioner, Office of Community Corrections, transmitting a copy of the Office of Community Corrections Spending and Management Plan (received Tuesday, February 3, 2004); and

Communication from Andrew S. Burton, Executive Director, Massachusetts Workers’ Compensation Advisory Council, submitting a copy of the Council’s Annual Report (received Tuesday, February 17, 2004).

Reports.

The following reports were severally read and placed on file:

A report of the Massachusetts Bay Transportation Authority (under the provisions of Subsection 11 of Section 151 of the Acts of 1999) relative to the Authority’s efforts to maximize non-transportation revenue (received Thursday, February 12, 2004); and

A report of the Massachusetts Technology Development Corporation (under the provisions of Section 6 of Chapter 40G of the General Laws) submitting a copy of its FY’03 Annual Report (received Tuesday, February 17, 2004).

Petitions.

Petitions were presented and referred, as follows:

By Ms. Fargo (by request), a petition (subject to Joint Rule 12) of James J. Carroll for legislation relative to review of divorce orders;

By the same Senator (by request), a petition (subject to Joint Rule 12) of James J. Carroll for legislation relative to divorce proceedings;

By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis and John J. Binienda for legislation relative to disabled veterans’ motor vehicle plates; and

By the same Senator, a petition (subject to Joint Rule 12) of Guy W. Glodis for legislation to exempt cities, towns and regional school districts from the motor vehicle fuel excises;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Brewer, for the committee on Senate Ethics and Rules, that the Senate Resolve establishing a special commission on enforcement of the state building code (Senate, No. 2101),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.  

By Ms. Resor, for the committee on Natural Resources and Agriculture, on petition, a Bill relative to the forest products trust fund (Senate, No. 1196);

By the same Senator, for the same committee, on petition, a Bill establishing the Quaboag and Ware River Valley Heritage District Commission (Senate, No. 1198);

By the same Senator, for the same committee, on petition, a Bill providing for access to certain state parks at reduced rates for elderly and disabled persons (Senate, No. 1239);

By the same Senator, for the same committee, on petition, a Bill relative to the Cape Cod land aquifer protection fund (Senate, No. 1243);

By the same Senator, for the same committee, on Senate, Nos. 1190 and 1271 and House, No. 2112, a Bill promoting environmental justice (Senate, No. 2219); and

By Mr. Barrios, for the committee on Public Safety, on petition, a Bill providing for HIV testing for at risk police officers (Senate, No. 1279, changed in line 6, by inserting after the words “department of corrections” the words:— “a deputy sheriff, a county correction officer,”; in line 10, by inserting after the words “Section 2D,” the words:— “or upon exposure to any known risk factors associated with Hepatitis C,”; in line 13, by inserting after the word “contracted” the word:— “Hepatitis C,”; and in line 25, by inserting after the word “contracting” the word:— “Hepatitis C,”.);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Ms. Resor, for the committee on Natural Resources and Agriculture, on petition, a Bill to strengthen waterways law enforcement (Senate, No. 1265);

By the same Senator, for the same committee, on petition, a Bill further regulating the rates of pilotage for the Port of Boston (Senate, No. 2098);

By Mr. Barrios, for the committee on Public Safety, on petition, a Bill relative to the regulation of motor vehicle livery services and the licensing of livery operators (Senate, No. 1375); and

By the same Senator, for the same committee, on petition, a Bill clarifying the enforcement provisions in relation to fire prevention (Senate, No. 1395);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

By Ms. Resor, for the committee on Natural Resources and Agriculture, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1189) of Thomas F. Reilly, Attorney General of the Commonwealth, Steven A. Baddour, David P. Linsky, Brian A. Joyce and other members of the General Court for legislation to define the term “environmental violation” and establishing penalties therefor;

On the petition (accompanied by bill, Senate, No. 2096) of Jo Ann Sprague and Philip Travis (by vote of the town) for legislation to authorize the town of Rehoboth to assess fees for conservation purposes; and

By Mr. Barrios, for the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1322) of John A. Hart, Jr., Brian P. Wallace and Martin J. Walsh for legislation relative to breast cancer distinctive license plates;
Severally referred, under Senate Rule 36, to the committee on Steering and Policy.  

Ms. Melconian, 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 Senate bills

Relative to apprentice training (Senate, No. 42);

Relative to workers’ compensation exclusive remedy (Senate, No. 72);

To ensure fairness in homeowner insurance policies (Senate, No. 898); and

Authorizing Barnstable County to administer the repair, replacement and upgrade of septic systems (Senate, No. 2123); and

The House bills

Designating a certain bridge in the town of Methuen as the Joseph S. Franciosa Bridge (House, No. 3898); and

Relative to a certain parcel of land in the town of Hinsdale (House, No. 4199);

The Senate report

Of the committee on Commerce and Labor, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 60) of Brian P. Lees, Linda J. Melconian, Stephen M. Brewer, Jo Ann Sprague and other members of the General Court for legislation relative to the elective participation of corporate officers in workers’ compensation.

Committee Discharged.

Mr. Barrios, for the committee on Public Safety, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1368) of Robert A. O’Leary and Eric Turkington (by vote of the town) for legislation to allow the town of Nantucket to develop a motor vehicle permit program,— and recommending that the same be referred to the committee on Local Affairs and Regional Government.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.
 

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the actions taken at the special town election held by the town of New Salem (House, No. 4515),— was referred, in concurrence, to the committee on Election Laws.  

Bills

Establishing a sick leave bank for Joanne M. Sollecito, an employee of the Department of Corrections (House, No. 4440,— on petition); and

Establishing a sick leave bank for Sandra Delgaudio-Upton, an employee of the Trial Court of the Commonwealth (House, No. 4491,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

A Bill relative to parking violations in the town of Marblehead (House, No. 4235,— on petition) [Local approval received],— was 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:—

Resolutions (filed by Mr. Glodis) “honoring Richard N. Kenary”;

Resolutions (filed by Mr. Pacheco) “congratulating Jeffrey Cunningham upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mr. Pacheco) “congratulating John C. Fournier upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mr. Pacheco) “congratulating Robert A. Miquel upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mrs. Sprague, Messrs. Lees and Tisei, Ms. Menard, Messrs. Brewer, Hart, Joyce, Moore, Morrissey and O’Leary, Ms. Resor and Mr. Shannon) “congratulating the New England Patriots on winning Super Bowl XXXVIII”;

Resolutions (filed by Mrs. Sprague) “on the retirement of David Francis Viera”; and

Resolutions (filed by Mr. Tisei) “congratulating Stanley Warren Day on the occasion of his one hundredth birthday.”

PAPER FROM THE HOUSE.

A Bill relative to annual elections in the town of North Andover (House, No. 3906, amended,— on petition) [Local approval received],— was read.
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.  

Reports of Committees.

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Dianne Wilkerson for legislation to require forfeiture of vehicles used in solicitation of prostitution, an act of prostitution, or an act of lewdness.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Criminal Justice.  

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Shirley J. Smith for legislation to encourage water conservation by private investor-owned water supply companies.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Natural Resources and Agriculture.  

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Mark P. Dupont for legislation relative to the operation of certain vehicles on state property.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration.
Severally sent to the House for concurrence.

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

Designating a certain bridge in the city of Quincy as the Honorable Paul D. Harold Bridge (see Senate, No. 1980, changed);

Authorizing the town of Fairhaven to grant an additional license for the sale of wines and malt beverages to be drunk on the premises (see House, No. 4148); and

Relative to the payment obligations of the city of Brockton under a water supply contract (see House, No. 4314).

Committee of Conference.

The House Bill to improve public health in the Commonwealth (House, No. 4256, printed as 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 2130, amended in section 1, in lines 190 to 193, inclusive, by striking out clause (6) and inserting in place thereof the following clause:

“(6) The business of tobacco farmer, manufacturer, importer, exporter, or wholesale distributor of tobacco products.”; in section 2, in lines 4 and 5, by inserting after the words “Restaurant Association” the words “, the Massachusetts Chamber of Commerce”, in line 6, by inserting after the word “Association” the words “, the Massachusetts Chamber of Commerce, the Massachusetts AFL-CIO”; and by inserting after section 2 the following section:

“SECTION 2A. Chapter 63 of the General Laws is hereby amended by inserting after section 31H the following section:—

Section 31I. A domestic or foreign corporation or corporate franchise shall be allowed a credit against its excise due under this chapter equal to 100 per cent of the costs incurred during any taxable year beginning on or after January 1, 2002, and ending on or before December 31, 2003, for the purchase and installation of mechanical ventilation systems and related heating and air conditioning systems; walls, door, glass, and other barriers; air ducts; plumping, wiring, and gas lines; and any other materials used in the construction of designated smoking areas designed to reduce the presence of smoke in non-smoking areas, including any modifications to existing physical structures, as well as any costs incurred for labor and design in the construction of such designated smoking areas, used by the corporation or corporate franchise in the commonwealth and situated in the commonwealth during said period of time, pursuant to any board of health regulation, city ordinance, town bylaw, or any other municipal variance or exception.”), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Koutoujian of Newton, Kaprielian of Watertown and Peterson of Grafton had been appointed the committee on the part of the House.
Ms. Fargo moved that the rules be suspended so that the matter be considered forthwith, but objection was made thereto by Mr. Tisei.
The matter was laid aside.  

Order Adopted.

On motion of Ms. Fargo,—

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. Tisei, at fourteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.