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, March 3, 2004.

Met at one minute past eleven o’clock A.M.

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

Communications.

The following communications were severally placed on file:

Communication from the Secretary for Administration and Finance submitting a copy of the Executive Department Legal Counsel Semi-Annual Report (received Tuesday, March 2, 2004); and

Communication from the Plainridge Racecourse (under the provisions of Section 2 of Chapter 128 of the General Laws) submitting copies of contracts for incoming signals (received Thursday, February 26, 2004).

Report.

A report of the Massachusetts Capital Resource Company (under the provisions of Section 20 of Chapter 816 of the Acts of 1977) submitting its twenty-seventh report (Senate, No. 2236) (received Thursday, February 26, 2004),— was referred to the committee on Taxation.
Sent to the House for concurrence.  

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to criminal offender record information checks for assisted living employees (House, No. 4390),— ought to pass, with an amendment, in section 1, by striking out the last paragraph;
Referred, under Senate Rule 26, to the committee on Steering and Policy.  

By Mr. Moore, for the committee on Health Care, on petition (accompanied by bill, Senate, No. 495), a Bill relative to a commission on health care disparities (Senate, No. 2239);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.  

By Mr. Moore, for the committee on Health Care, on petition, a Bill establishing a biological agent registry in the Commonwealth (Senate, No. 511);

By Mr. Barrios, for the committee on Public Safety, on petition, a Bill to require tagging of explosive materials (Senate, No. 1302); and

By the same Senator, for the same committee, on petition, a Bill requiring criminal offender record information checks for certain businesses (Senate, No. 1374, changed in section 1, in line 6, by striking out after the word “business,” the words “located on any state highway and”);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Mr. Barrios, for the committee on Public Safety, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1307) of Cynthia S. Creem, Carol A. Donovan, Stephen M. Brewer and other members of the General Court for legislation relative to the suspension of drivers’ licenses; and

On the petition (accompanied by bill, Senate, No. 1334) of Michael R. Knapik, Robert L. Hedlund, Brian P. Lees, Richard R. Tisei and other members of the General Court for legislation to authorize police officers to take certain actions outside their jurisdiction;
Severally referred, under Senate Rule 36, to the committee on Steering and Policy.  

Committees Discharged.

Ms. Murray, for the committee on Ways and Means, reported, asking to be discharged from further consideration

Of the Senate Bill to amend insurance requirements for home inspectors (Senate, No. 415); and

Of the Senate Bill relative to the modification of the helmet law (Senate, No. 1363);

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

Mr. Moore, for the committee on Health Care, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 559) of Mark C. Montigny, Thomas M. McGee, Guy W. Glodis, Joan M. Menard and other members of the General Court for legislation to establish the Massachusetts prescription drug fair pricing program,— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.  

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

Regarding unlicensed practice of certain professions (Senate, No. 422);

Further regulating licenses to practice in the allied mental health and human services professions (Senate, No. 424);

Relative to the public disclosure of ownership of a cemetery corporation (Senate, No. 478);

To the practice of dental assisting (Senate, No. 508);

Relative to cemeteries and burials (Senate, No. 648);

Relative to the condominiums board of directors’ closed meetings (Senate, No. 716);

To prevent homelessness among elderly and disabled persons and families facing no-fault evictions (Senate, No. 723);

To protect volunteer firefighters from unreasonable discharge from employment (Senate, No. 1577);

Designating the Woburn Regional Transportation Center as the Anderson Regional Transportation Center (Senate, No. 1875); and

Relative to municipal light plant department security deposits (Senate, No. 2211);

The House Bill designating the Criminal Justice Training Academy in the city known as the town of Agawam as the Harold F. Skelton Sr. Criminal Justice Training Center in Agawam (House, No. 2157); and

The Senate reports

Of the committee on Transportation, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1870) of Robert A. Havern and Michael A. Costello for legislation relative to the intermodal chassis roadability inspection program; and

On the petition (accompanied by bill, Senate, No. 1871) of Robert A. Havern and Michael A. Costello for legislation relative to the intermodal container safety program.

PAPERS FROM THE HOUSE.

A Bill establishing a sick leave bank for Christopher Lavele, an employee of the Department of Correction (House, No. 4412,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Notice was received from the House of Representatives that the House Minority Leader had announced the appointment of Representative Gomes of Harwich to the Advisory Board established (under Section 60 of Chapter 141 of the Acts of 2003) to advise the International Trade Council on the scope of services provided to said council by the contractor providing international marketing and tourism promotion on behalf of the Commonwealth.

Resolutions.

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

Resolutions (filed by Ms. Resor) “congratulating Police Chief William J. Colleary, Jr. on the occasion of his retirement.”

Report of a Committee.

Ms. Melconian, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:

The House Bill requiring pilots for certain vessels (House, No. 4104).
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and ordered to a third reading.  

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 the Department of Conservation and Recreation to take or acquire conservation restrictions in and to lands of the city of Leominster (Senate, No. 1619, amended) (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.  

The House Bill authorizing the town of Belmont to designate a checkoff on its tax bill for the towns general fund (House, No. 3979),— 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 in Bills in the Third Reading to read as follows: “An Act authorizing the town of Belmont to designate a checkoff on its tax bill for the town’s general fund.”.  

The House Bill providing for uniform regulatory standards for certain insurance companies (House, No. 2823),— was read a second time.

Mr. Glodis presented an amendment, in section 8, by inserting after the word “commissioner”, in line 10, the following words:— “Notwithstanding any general or special law to the contrary,”.
The amendment was adopted.
The bill, as amended, was then ordered to a third reading.  

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill providing for disclosure of certain information relating to tobacco products sold in the Commonwealth (Senate, No. 552),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2237).
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. 2237) was then ordered to a third reading.  

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to certain consumer transactions and the satisfaction of security interests (Senate, No. 1273),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2238).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2238) was then ordered to a third reading.  

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the disposition of certain state-owned land in the town of Winchester (Senate, No. 2195),— ought to pass, with an amendment, in section 2, by inserting after the word “property”, in line 2, the following words:— “for the purpose described in section 1”; and by adding the following section:—

“SECTION 5. If the conveyance authorized by this act is not completed by March 31, 2005, the commissioner of capital asset management and maintenance may, notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws, dispose of the parcel described in section 1 of this act using the procedures set forth in section 548 of chapter 26 of the acts of 2003.”
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2195, amended) was then ordered to a third reading.  

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Marguerite McWhinnie, an employee of the Cambridge district court (Senate, No. 2198),— ought to pass, with an amendment in the emergency preamble, by striking out, in line 3, the words “Cambridge District Court” and inserting in place thereof the following words:— “trial court”; by striking out, in line 2 and in lines 4 and 5, the words “Cambridge District Court” and inserting in place thereof, in each instance, the following words:— “trial court”; and by adding the following sentence:— “Whenever Marguerite McWhinnie terminates employment with the trial court or requests to dissolve the sick leave bank established by this act, the balance of the sick leave time shall be transferred to the trial court paid leave bank.”.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2198, amended) was then ordered to a third reading.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to motorcycle safety (House, No. 2124),— ought to pass, with amendments, in section 1, by striking out the last sentence and inserting in place thereof the following sentence:— “Two dollars from each motorcycle registration fee paid under section 34 of chapter 90 shall be used to fund the cost of the required materials for the motorcycle awareness program module required by this section.”; in section 2, by adding the following sentence:— “Two dollars from each motorcycle registration fee paid under section 34 of chapter 90 shall fund the cost of the required materials for the motorcycle awareness program module required by this section.”; and by adding the following section:—

“SECTION 3. Section 34 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:—

Notwithstanding the first paragraph, $2 from each motorcycle registration fee shall be paid by the registrar or by the person collecting the registration fee into the General Fund and shall be appropriated solely for the purpose of promoting and advancing motorcycle safety.”.
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, as amended, was then ordered to a third reading.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to the disposition of certain state-owned land in the city of Medford (House, No. 3076),— ought to pass, with amendments, in section 1, by striking out, in line 9, the word “commission” and inserting in place thereof the following word:— “commissioner”; by inserting after the figure “2002”, in line 18, the following words:— “and any revisions as required by the commissioner to determine the exact boundaries in consultation with the department of conservation and recreation and the Massachusetts Bay Transportation Authority”; in section 2, by inserting after the figure “368”, in line 7, the following words:— “, including any revisions required by the commissioner to determine the exact boundaries in consultation with the department of conservation and recreation and the Massachusetts Bay Transportation Authority”; and by adding the following section:—

“SECTION 4. If the property described in section 1 is not used for the purposes described in section 1, or if the use for these purposes is abandoned at any time or if any other use is undertaken on the property, the property shall revert to the commonwealth upon notice by the commissioner of capital asset management and maintenance to the Massachusetts Bay Transportation Authority.”.
There being no objection, the rules were suspended, on motion of Mr. Brewer, 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.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to annuity contracts (House, No. 4193),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill providing for cigarette escrow compliance (House, No. 4327),— ought to pass, with amendments, in section 3, by inserting after the word “Agreement”, in line 25, the following words:— “and any amendments thereto”; by inserting after the word “cigarettes”, in line 28, the following words:— “and any person, other than the consumer, required to pay the excise on cigarettes”; by inserting after the figure “94E”, in line 41, the following words:— “including any installment payments which may be required under subsection (e) of section 4”; by striking out, in lines 199 and 200, the words “being held on behalf of the commonwealth” and inserting in place thereof the following words:— “, exclusive of interest”; and by inserting after the word “each”, in line 233, the following words:— “sale or”.
There being no objection, the rules were suspended, on motion of Mr. Baddour, 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.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Joanne M. Sollecito, an employee of the Department of Corrections (House, No. 4440),— ought to pass, with an amendment, adding the following sentence:— “Whenever Joanne Sollecito terminates employment with the department or requests to dissolve the sick leave bank established by this act, the balance of the sick leave time shall be transferred to the extended illness leave bank.”.
There being no objection. the rules were suspended, on motion of Mr. Baddour, 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.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Sandra DelGaudio-Upton, an employee of the Trial Court of the Commonwealth (House, No. 4491),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and ordered to a third reading.  

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 Brian A. Joyce, Robert L. Hedlund, Bruce E. Tarr, Richard T. Moore and other members of the General Court for legislation to extend the time for political party committees to organize in the current year.
Senate Rule 36 was suspended, on motion of the same Senator, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Election Laws.  

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 Guy W. Glodis and John J. Binienda for legislation relative to disabled veterans’ motor vehicle plates.
Senate Rule 36 was suspended, on motion of the same Senator, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.  

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 Stephen M. Brewer and Anne M. Gobi for legislation to designate a certain bridge in the town of Barre as Private First Class Edward J. Cormier Memorial Bridge.
Senate Rule 36 was suspended, on motion of the same Senator, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.  

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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 President and laid before the Governor for his approbation, to wit:

Authorizing the town of Mendon to establish a capital expenditure fund (see House, No. 192); and

Providing for a special election to fill a vacancy on the board of selectmen in the town of Wilmington (see House, No. 3921, changed).

Order Adopted.

On motion of Mr. Tarr,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M. in formal session.

On motion of the same Senator, at a quarter past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.