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, March 18, 2004.

Met at one minute past eleven o’clock A.M. (Ms. Walsh 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 Bristol and Norfolk, Mrs. Sprague then led the Chair, members, guests and employees in the recitation of the pledge of allegiance to the flag.

Petition.

Mr. Barrios presented a petition (subject to Joint Rule 12) of Jarrett T. Barrios, Bruce E. Tarr, Harriette L. Chandler, Susan C. Tucker and other members of the General Court for legislation relative to the Massachusetts low income housing tax credit,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Glodis, for the committee on Insurance, on Senate, Nos. 832, 833, 835, 844, 855, 868, 884, 886, 889, 895, 910, 918, 928 and 929, an Order relative to authorizing the joint committee on Insurance to make an investigation and study of certain Senate documents relative to insurance in the Commonwealth (senate, No. 2263);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.  

By Mr. Nuciforo, for the committee on Banks and Banking, on Senate, Nos. 8, 32, 391 and 430, a Bill to establish standards for consumer credit counseling (Senate, No. 2266);

By Mr. Moore, for the committee on Health Care, on petition (accompanied by bill, Senate, No. 635), a Bill to support the nursing profession and promote safe patient care (Senate, No. 2265);

By Ms. Resor, for the committee on Natural Resources and Agriculture, on petition, a Bill relative to establishing the Massachusetts conservation corps (Senate, No. 1237, changed, in line 11, by inserting the word “voluntary” before the word “employment”; and in lines 77 and 78, by striking out the following words: “receive compensation equal to the federal minimum wage” and inserting in place thereof the words: “be unpaid”);

By Mr. Tolman, for the committee on Public Service, on petition, a Bill clarifying the eligibility of the employees of the Montachusett Regional Planning Commission to participate in the Commonwealth’s group insurance plan (Senate, No. 1399);

By the same Senator, for the same committee, on petition, a Bill regarding the efficient management of retirement systems (Senate, No. 1402);

By the same Senator, for the same committee, on petition, a Bill relative to interest arbitration for the State Police Association of Massachusetts (Senate, No. 1447):

By the same Senator, for the same committee, on petition, a Bill to provide equitable retirement benefit options for married couples (Senate, No. 1511); and

By the same Senator, for the same committee, on petition, a Bill providing fairness and equity to employees of the Massachusetts Water Resources Authority (Senate, No. 1588);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Mr. Nuciforo, for the committee on Banks and Banking, on Senate, No. 11 and House No. 3744, a Bill relative to the Massachusetts Credit Union Share Insurance Corporation (Senate, No. 2267);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

By Mr. Tolman, for the committee on Public Service, on petition, a Bill relative to retirees’ group health insurance premium contribution in the city of Waltham (Senate, No. 2001) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

Committee Discharged.

Ms. Fargo, for the committee on Local Affairs and Regional Government, reported, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 1164) of Andrea F. Nuciforo, Jr., Brian A. Joyce and Bruce E. Tarr for legislation relative to the siting of telecommunication facilities; and

Of the petition (accompanied by bill, Senate, No. 1184) of Marian Walsh, Charles E. Shannon, Richard T. Moore, Brian A. Joyce and Michael F. Rush for legislation to exclude providers of personal wireless services from the definition of a public service corporation for purposes of zoning;

And recommending that the same severally be referred to the committee on Government Regulations.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence.  

PAPERS FROM THE HOUSE.

A Bill relative to the safe placement of newborns and infants (House, No. 4325, amended,— on Senate, No. 766 and House, Nos. 2253, 2815 and 3336) (Representatives Paulsen of Belmont, Khan of Newton and D. B. Sullivan of Fall River of the committee on Human services and Elderly Affairs dissenting),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Bills

Authorizing the town of Harvard to convey certain park land (House, No. 3999,— on petition) [Local approval received]; and

Exempting members of the police force of the town of Hopedale from the civil service law (House, No. 4309,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Qrders of the Day for the next session.  

Reports

Of the committee on Health care, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2598) of Brian Paul Golden relative to sanitary stations at large capacity public or private facilities;

Of the committee on Public Safety, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4403) of Deborah B. Goldberg, Frank I. Smizik, Cynthia S. Creem, Brian Paul Golden, Michael F. Rush, Jeffrey Sanchez and others (by vote of the town) that the town of Brookline be authorized to establish fees for certain permits issued by the chief of the fire department of said town;

And recommending that the same severally be referred to the committee on Local Affairs and Regional Government.

Of the committee on Health Care, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 898) of William G. Greene, Jr. relative to HIV/AIDS testing;

Of the petition (accompanied by bill, House, No. 1291) of Martin J. Walsh, Brian P. Wallace and Robert K. Coughlin for legislation relative to the exposure of public safety officials to the AIDS virus or infectious hepatitis;

Of the petition (accompanied by bill, House, No. 2236) of John P. Fresolo, Joan M. Menard and another relative to the exposure of public safety officials to the AIDS virus; and

Of the petition (accompanied by bill, House, No. 2237) of Reed V. Hillman relative to providing for the disclosure of certain medical information of contact with certain bodily fluids to public safety personnel;

And recommending that the same severally be referred to the committee on Public Safety.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.  

Reports

Of the committee on Natural Resources and Agriculture, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 1206) of Stephen M. Brewer, Reed V. Hillman and Anne M. Gobi for legislation to protect public water supply lands,— and recommending that the same be referred to the House committee on Homeland Security and Federal Affairs.

Of the petition (accompanied by bill, Senate, No. 1210) of Cynthia S. Creem, Susan W. Pope, Paul J. Donato and other members of the General Court for legislation to finance water and sewer projects from the water pollution abatement trust;

Of the petition (accompanied by bill, Senate, No. 1263) of Bruce E. Tarr, Brian P. Lees, Michael R. Knapik, Robert L. Hedlund and other members of the General Court for legislation to direct the Secretary of Environmental Affairs to establish a program to assist cities and towns in the treatment of wastewater;

Of the petition (accompanied by bill, House, No. 198) of Frank M. Hynes for legislation to provide assistance to homeowners for the expense of conforming to Title V septic regulations;

Of the petition (accompanied by bill, House, No. 968) of Frank M. Hynes, Robert L. Hedlund and Garrett J. Bradley for legislation to establish a low interest loan program within the Department of Environmental Protection for owners of property connecting to sewer systems in cities and towns;

Of the petition (accompanied by bill, House, No. 2478) of Geoffrey D. Hall, Pamela P. Resor and another for legislation to provide loans to certain elderly persons for assistance in compliance with Title V, so-called, for the disposal of sanitary waste; and

Of the petition (accompanied by bill, House, No. 3007) of Robert M. Koczera and other members of the General Court for legislation to establish a zero percentage interest program for the state revolving loan fund for water and sewer projects;

And recommending that the same severally be referred to the House committee on Long-Term Debt and Capital Expenditures.

Of the committee on Health Care, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 146) of Demetrius J. Atsalis that the Division of Medical Assistance be directed to pay certain ambulance services to the Centerville-Osterville-Marstons Mills Fire District Ambulance Service;

Of the petition (accompanied by bill, House, No. 1292) of Martin J. Walsh for legislation to establish a pilot program to provide access to health care and social services within the Department of Health and Human Services;

Of the petition (accompanied by resolve, House, No. 1665) of Elizabeth A. Malia and other members of the General Court for an investigation by a special commission (including members of the General Court) of the impact of alcohol abuse in the Commonwealth;

Of the committee on Natural Resources and Agriculture, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 966) of Frank M. Hynes, Robert L. Hedlund and Garrett J. Bradley for an appropriation of a certain sum of money for reconstruction and maintenance of the seawall in the towns of Marshfield and Scituate;

Of the petition (accompanied by bill, House. No. 3200) of Kathi-Anne Reinstein for legislation to provide for the construction of a public launching ramp in the city of Revere; and

Of the petition (accompanied by bill, House, No. 3371) of Thomas M. Menino, Angelo M. Scaccia, Martin J. Walsh, Brian P. Wallace, John A. Hart, Jr. and Dianne Wilkerson that the Department of Environmental Management be authorized to provide for the expenditure of certain funds for the development of Long Wharf in the city of Boston;

And recommending that the same severally be referred to the House committee on Ways and Means.
Were severally considered forthwith, under senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.  

Resolutions.

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

Resolutions (filed by Ms. Creem) “honoring the service of Rabbi Frank Waldorf upon his retirement from Temple Sinai”;

Resolutions (filed by Ms. Fargo) “congratulating the town of Bedford on the two hundred and seventy-fifth anniversary of its founding”;

Resolutions (filed by Mr. Hedlund) “congratulating Wilfred Edward Shelley”;

Resolutions (filed by Mr. Magnani) congratulating Violetta “Vi” Tutuny on the occasion of her receiving the Harriet F. Siegel Shining Light Award for 2004”; and

Resolutions (filed by Mr. Pacheco) “congratulating George Scott Kirby upon his elevation to the rank of Eagle Scout.”

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 Wellesley to establish a group insurance liability fund (House, No. 3869),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The Senate Bill relative to the registration of podiatrists (Senate, No. 671),— was read a second time and ordered to a third reading.  

Report of a Committee.

Ms. Fargo, for the committee on Local Affairs and Regional Government, that the Senate Bill clarifying the procedures for municipalities and districts to accept statutes (Senate, No. 2218),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Knapik, 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.  

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the police department in the town of Bridgewater (see senate, No. 2071) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President and laid before the Governor for his approbation.  

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to the off-street parking board in the city of Worcester (see House, No. 4082) [for message, see House, No. 4489],— came from the House with endorsement that the House adopted the amendment as recommended by the committee on Bills in the Third Reading as follows:

In Section 4 by striking out the words “1½ per cent” and inserting in place thereof the following words:— “½ of 1 per cent”.

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 Mrs. Sprague and the amendment, as corrected by Senate BTR, was adopted, in concurrence.
Sent to the House for re-enactment.  

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Joanne M. Sollecito, an employee of the Department of Correction (see House, No. 4440, 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.  

A Bill making special provisions for an election in the town of Webster to fill a vacancy on the board of selectmen and in the office of moderator (printed in House, No. 4590,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mrs. Sprague, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.  

Recess.

There being no objection, at sixteen minutes before twelve o’clock noon, the Chair (Mr. Walsh) declared a recess subject to the call of the Chair; and, at three minutes before one o’clock P.M., the Senate reassembled, Ms. Walsh in the Chair.

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill making special provisions for an election in the town of Webster to fill a vacancy on the board of selectmen and in the office of moderator (see House Bill, printed in, House, No. 4590) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President and laid before the Governor for his approbation.  

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

Authorizing the town of Wellesley to establish a group insurance liability fund (see House, No. 3869); and

Establishing a sick leave bank for Joanne M. Sollecito, an employee of the Department of Correction (see House, No. 4440, amended).

Order Adopted.

On motion of Mrs. Sprague,—

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 the same Senator, at one o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.