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.

Monday, March 22, 2004.

Met at two minutes past eleven o’clock A.M. (Ms. Chandler 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 (Ms. Chandler), members, guests and employees then recited the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Ms. Chandler) relinquished the gavel to the Senator from Middlesex and Norfolk, Ms. Creem, who introduced, standing in the rear of the Chamber, seniors from the advanced placement class in history from Brookline High School. They are here to tour the State House and see democracy in action. They are accompanied by their teacher Stephanie Carona. They are the guests of Senator Creem.

Communication.

A communication from Joseph E. Connarton, Executive Director, The Public Employee Retirement Administration Commission, submitting a copy of the Actuarial Valuation Report as of January 1, 2004 for the State Employees’ Retirement System (received Monday, March 8, 2004),— was placed on file.

Report.

A report of the Special Commission on the Annual Municipal census (pursuant to Section 137 of Chapter 46 of the Acts of 2003) submitting its report on the question of the mandatory annual municipal census (received Thursday, March 4, 2004),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Baddour, a petition (subject to Joint Rule 12) of Steven A. Baddour and Brian S. Dempsey for legislation relative to the inspection of air tanks;

By Mr. Magnani (by request), a petition (subject to Joint Rule 12) of Robert S. Edwards for legislation to prevent soccer-related brain injuries in all public schools, vocational schools and colleges;

By Mr. O’Leary (by request), a petition (subject to Joint Rule 12) of Gary C. Blazis for legislation relative to safety helmets; and

By Mr. Pacheco, a petition (subject to Joint Rule 12) of Marc R. Pacheco and David L. Flynn for legislation relative to motor vehicle traffic safety at Bridgewater State College;

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 bills

Relative to the National Legislative Association on Prescription Drug Prices (Senate, No. 558); and

Providing for an investigation and study by a special commission relative to the workforce in those agencies serving persons with mental retardation (Senate, No. 816);
Severally ought to pass.

Severally referred, under Senate Rule 27, to the committee on Ways and Means.

By Ms. Melconian, for the committee on Science and Technology, that the Senate Bill relative to the computerization of the examination for certification for the practice of public accountancy (Senate, No. 2210),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on Senate, Nos. 223, 229 and 286 and House, Nos. 36, 37, 505, 508, 1072, 1837, 2223, 2574 and 4544, a Bill relative to expediting school improvement (Senate, No. 2277); and

By Mr. Tarr, for the committee on Natural Resources and Agriculture, on petition (accompanied by bill, House, No. 970), a Bill providing for the protection of public water supply (Senate, No. 2276);
Severally read and, under senate Rule 27, referred to the committee on Ways and Means.

By Mr. Barrios, for the committee on Public Safety, on petition (accompanied by bill, Senate, No. 1326), a Bill to extend the ban on assault weapons and further reduce gun violence in the Commonwealth (Senate, No. 2282) (Senators Brewer, Pacheco and Sprague and Representatives Hill of Ipswich and Coppola of Foxborough dissenting);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Mr. Magnani, 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 municipalities’ revolving funds (Senate, No. 1149);

Relative to the term of certain serial loans issued by cities, towns and districts (Senate, No. 1156);

Relative to cities and towns borrowing outside their debt limit (Senate, No. 1161);

Further regulating the rates of pilotage for the port of Boston (Senate, No. 2098); and

Authorizing the town of Hingham to grant certain licenses for the sale of alcoholic beverages (printed in House, No. 4368); and

The House bills

Providing for .the annual observance of World War II Commemoration Day (House, No. 1201); and

Relative to the appointment of public safety officers (House, No. 4218).

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 Human Services and Elderly Affairs to make an investigation and study of a certain Senate document relative to veterans affairs (Senate, No. 2262); and

Of the Senate 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);

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.

Mr. Glodis, for the committee on Insurance, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 883) of Michael W. Morrissey for legislation relative to damages paid by insurance companies in consumer protection cases,— and recommending that the same be referred to the committee on the Judiciary.
Under Senate Rule 36, the report was considered forthwith and accepted.

Sent to the House for concurrence.

Ms. Resor, for the committee on Natural Resources and Agriculture, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1247) of Marc R. Pacheco for legislation to authorize an investigation and study of the cumulative impacts on local water reserves caused by growth and development in southeastern Massachusetts,— 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.

Resolutions.

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

Resolutions (filed by Mr. Baddour) “congratulating Edward G. Molin.”

Report of a Committee.

By Mr. Joyce, for the committee on Election Laws, on petition, a Bill extending the time for political party committees to organize in the current year (Senate, No. 2264) ,— was read.

There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 designating a certain bridge in the town of Methuen as the Joseph S. Franciosa Bridge (House, No. 3898),— 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 designating a certain bridge in the city known as the town of Methuen as the Joseph S. Franciosa Bridge”.

The House Bill authorizing the Fitchburg Housing Authority to convey certain land (House, No. 4242),— was read a second time.

Mr. Antonioni presented an amendment striking out all after the enacting clause and inserting in place thereof the following text:—

“The Fitchburg housing authority may convey a certain parcel of land in the city of Fitchburg to Habitat for Humanity, North Central Massachusetts, Inc. for the consideration of $1. The conveyance shall be subject to subsections (a), (b) and (g) of section 16 of chapter 30B of the General Laws. The parcel is shown on Assessor’s Maps 132 and 140, on file in the assessor’s office of the city of Fitchburg.”.

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, with the amendment.

Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill authorizing the commissioner of Capital Asset Management and Maintenance to convey certain land to the Roxbury/South End Tenants’ Council, Inc., D/B/A Roxse Tenants Council (see senate, No. 2181, 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.

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:

Designating state highway Route 146A in the town of Uxbridge as the Lydia Taft Highway (see Senate, No. 1890);

Relative to a betterment assessment in the town of Sturbridge (see senate, No. 2030); and

Designating a certain bridge in the town of canton as the John E. Farrington Bridge (see House, No. 661).

Report 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 Steven A. Tolman for legislation relative to the protection of farm animals.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, 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.

Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4595) of Kevin J. Murphy and other members of the General Court that the Secretary of the Commonwealth be authorized to promulgate rules and regulations for the conduct and duties of notaries public;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4596) of Brian S. Dempsey, Barbara A. L’Italien, Steven A. Baddour and Harriett L. Stanley (with the approval of the mayor and city council) that the city of Haverhill be authorized to expedite the sale of real estate by public auctions; and

Petition (accompanied by bill, House, No. 4597) of Jeffrey Davis Perry and Therese Murray (by vote of the town) that the Department of Conservation and Recreation be authorized to acquire a conservation restriction in and to certain property of the town of Sandwich;
Severally, under suspension of Joint Rule 12, to the committee on State Administration.

Recess.

There being no objection, at twelve minutes past eleven o’clock A.M., the Chair (Ms. Chandler) declared a recess subject to the call of the Chair; and, at a twenty-three minutes before twelve o’clock noon, the Senate reassembled, Ms. Chandler in the Chair.

Emergency Preamble Adopted.

An engrossed Bill extending the time for political party committees to organize in the current year (see senate, No. 2264, 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.

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, notwithstanding the provisions of Joint Rule 10, the committee on Transportation be granted until Tuesday, June 15, 2004 the time within which to report on House document numbered 4507.

Engrossed Bills.

The following engrossed bills (all 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 appointment of Kenneth E. Wright as a police officer in the town of Mansfield (see Senate, No. 1589);

Authorizing the commissioner of Capital Asset Management and Maintenance to convey certain land to the Roxbury/South End Tenants’ council, Inc., D/B/A Roxse Tenants Council (see Senate, No. 2181, amended); and

Extending the time for political party committees to organize in the current year (see Senate, No. 2264).

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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 fourteen minutes before twelve o’clock noon, the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.