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, April 1, 2004.

Met at five minutes past eleven o’clock A.M.

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

Communication — Committee Appointments.

A communication was received from the Honorable Brian P. Lees, Minority Leader of the Senate, announcing the following committee appointments and changes:

With the election of Scott Brown to the Senate, I would like to make the following changes to the Republican committee assignments.

Senate Standing Committees:
Long Term Debt: Remove Senator Knapik of 2nd Hampden and Hampshire. Appoint Senator Brown of Norfolk, Bristol and Middlesex.

Steering and Policy: Remove Senator Hedlund of Plymouth and Norfolk. Appoint Senator Brown of Norfolk, Bristol and Middlesex.

Joint Standing Committees:
Election Laws: Remove Senator Knapik of 2nd Hampden and Hampshire. Appoint Senator Brown of Norfolk, Bristol and Middlesex.

Energy: Remove Senator Tisei of Middlesex and Essex. Appoint Senator Brown of Norfolk, Bristol and Middlesex.

Local Affairs and

Regional Government: Remove Senator Sprague of Bristol and Norfolk. Appoint Senator Brown of Norfolk, Bristol and Middlesex.

Public Service: Remove Senator Sprague of Bristol and Norfolk. Appoint Senator Brown of Norfolk, Bristol and Middlesex.

Reports.

A report of the Senate committee on Post Audit and Oversight (under the provisions of Section 63 of chapter 3 of the General Laws, as most recently amended by chapter 557 of the Acts of 1986) entitled “Dollars and Sen$e: The Need for Procurement Reform in Massachusetts” (Senate, No. 2316) (received Wednesday, March 31, 2004),— was placed on file.

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Souza-Baranowski Correctional Center (received Wednesday, March 24, 2004),— was read and sent to the House for its information.

The following reports were severally read and placed on file:

A report of the Massachusetts Public Employee Retirement Administration Commission (under the provisions of Chapter 26 of the Acts of 2003) relative to the costs and actuarial liabilities attributable to the additional benefits payable under the Early Retirement Incentive Program (received Friday, March 19, 2004);

A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws as most recently amended by Section 6 of Chapter 142 of the Acts of 2003) relative to the condition of the Unemployment Insurance Trust Fund for February 2004 (received Tuesday, March 23, 2004);

A report of the Massachusetts Bay Transportation Authority (pursuant to Subsection 11 of Section 151 of Chapter 127 of the Acts of 1999) submitting its net operating investment per passenger mile ratio for fiscal years 2002 through 2006 (received Tuesday, March 30, 2004); and

A report of the Massachusetts Department of Education (pursuant to Chapter 414 of the Acts of 1992) relative to the 2003 School Breakfast and Summer Food Service Outreach Program (received Tuesday, March 30, 2004).

Petitions.

Ms. Murray presented a petition (accompanied by bill, Senate, No. 2317) of Therese Murray and Daniel K. Webster (by vote of the town) for legislation relative to the position of appointed treasurer/collector in the town of Pembroke [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs and Regional Government.

Sent to the House for concurrence.

Mr. Brewer presented a petition (subject to Joint Rule 12) of Stephen M. Brewer and Anne M. Gobi for legislation to establish a sick leave bank for Thomas F. Sweeney, Jr., an employee of the Department of Correction,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition (accompanied by bill, Senate, No. 1159), an Order relative to authorizing the joint committee on Local Affairs and Regional Government to make an investigation and study of a certain Senate document relative to economic and community development (Senate, No. 2309);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Moore, for the committee on Health Care, on Senate, No. 625 and House, No. 1864, a Bill to streamline the physician credentialing process (Senate, No. 2308);

By Mr. Glodis, for the committee on Insurance, on petition, a Bill relative to physician services provided by registered physician assistants (Senate, No. 834);

By the same Senator, for the same committee, on petition, a Bill to restructure the Group Insurance Commission (Senate, No. 904);

By the same Senator, for the same committee, on Senate, Nos. 858, 875, 891 and 896 and House, No. 2623, a Bill to establish standards for long term care insurance (Senate, No. 2290);

By the same Senator, for the same committee, on petition, a Bill relative to managed care contracts with home health agencies (printed as House, No. 3802);

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill requiring that cities, towns and certain state agencies accepting the transfer of certain police officers compensate the city or town from which the police officers have transferred (Senate, No. 1160);

By Ms. Resor, for the committee on Natural Resources and Agriculture, on petition, a Bill to establish areas of critical scenic preservation and to provide for the acquisition of development rights therefor (Senate, No. 1231);

By Mr. Barrios, for the committee on Public Safety, on petition, a Bill to reduce the loss of life due to fires caused by cigarettes (Senate, No. 1329) (Representative Coppola of Foxborough dissenting);

By the same Senator, for the same committee, on petition, a Bill relative to engineers and firemen (Senate, No. 1366);

By the same Senator, for the same committee, on petition, a Bill providing for the issuance of a distinctive registration plate for the Esplanade Association (Senate, No. 2091);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1335), a Bill establishing a designated driver program for members of the National Guard (The Specialist Hans Taeger Act) (Senate, No. 2293)

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill authorizing the division of capital asset management and maintenance to lease certain property (Senate, No. 2234);

By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to underground utilities (Senate, No. 1892);

By the same Senator, for the same committee, on petition, a Bill authorizing the Executive Office of Transportation and Construction and the Massachusetts Highway Department to complete the route 128 add-a-lane and route I-95/128/University Avenue interchange project utilizing an alternative form of procurement (Senate, No. 2220, changed by striking out the word “designed” in the last sentence and inserting in place thereof the word “designer”); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1869), a Bill relative to disabled persons rights of passage (Senate, No. 2306);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. McGee, for the committee on Criminal Justice, on Senate, Nos. 152 and 166, a Bill relative to money laundering (Senate, No. 2291);

By Ms. Resor, for the committee on Natural Resources and Agriculture, on petition, a Bill relocating certain harbor lines in the Fairhaven and New Bedford harbors {Senate, No. 2170);

By the same Senator, for the same committee, on petition, a Bill merging the South Sagamore water district with the Bourne water district (Senate, No. 2226); and

By Mr. Baddour, for the committee on Transportation, on petition, a Bill authorizing the Massachusetts Highway Department to install certain signs (Senate, No. 1887);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill providing for the appointment of the Development and Industrial Commission (Senate, No. 2188) [Local approval received];

By the same Senator, for the same committee, on petition, a Bill relative to the charter of the town of Rockland (Senate, No. 2189) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill relative to the lease of a property in Oak Bluffs (Senate, No. 2197) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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

To provide tenant participation in housing or redevelopment authorities (Senate, No. 738); and

Authorizing self-monitoring and treatment of students with diabetes (Senate, No. 2231); and

The House bills

Relative to certain separate accounts (printed as Senate, No. 850); and

Relative to liquor legal liability insurance (House, No. 1881).

Committee 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 Criminal Justice to make an investigation and study of certain Senate documents relative to criminal justice in the Commonwealth (Senate, No. 2295);

Of the Senate Order relative to authorizing the joint committee on Public Safety to make an investigation and study of certain Senate and House documents relative to public safety issues in the Commonwealth (Senate, No. 2303);

Of the Senate Order relative to authorizing the joint committee on Public Service to make an investigation and study of certain Senate documents relative to public service (Senate, No. 2302); and

Of the Senate Order relative to authorizing the joint committee on Taxation to make an investigation and study of certain Senate documents relative to taxation (Senate, No. 2301);

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.

Paper from the House.

A petition (accompanied by bill, House, No. 4611) of Joyce A. Spiliotis, Frederick E. Berry and Theodore C. Speliotis (with the approval of the mayor and city council) relative to providing for the abatement of taxes for property destroyed by the fire of December 18, 2003 in the city of Peabody,— was referred, in concurrence, to the committee on Taxation.

Resolutions.

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

Resolutions (filed by Mr. Barrios) “honoring Dr. Barry C. Black”;

Resolutions (filed by Mr. Knapik) “commending the Westfield Community Partnership for Children”;

Resolutions (filed by Mr. Magnani) “honoring Julie Esty”;

Resolutions (filed by Mr. Magnani, Ms. Resor, Mrs. Sprague and Ms. Wilkerson) “honoring Barbara E. Gray”;

Resolutions (filed by Mr. Pacheco) “honoring Imelda Dorsey”; and

Resolutions (filed by Mr. Tisei) “celebrating the tenth anniversary season of the New England String Ensemble.”

Bill Recalled from the Governor
Laid before the Senate.

On motion of Mr. Tisei, it was voted that a messenger be appointed to wait upon His Excellency the Governor, requesting the return to the Senate of the engrossed Bill making appropriations for the fiscal year 2004 to provide for supplementing certain existing appropriations and for certain other activities and projects (see Senate, No. 2304, amended).

Mr. Tisei was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.

There being no objection, on motion of Mr. Shannon, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.

On motion of the same Senator, Senate Rule 49 was suspended.

Ms. Murray presented an amendment, in section 2A, by inserting before item 1599-3385 the following item:—

“Division of Capital Asset Management and Maintenance.

1102-3223 For the mitigation of the immediate public health risk at the Norfolk county house of correction due to an emissions design flaw identified by the division of capital asset management and maintenance; provided, that funds appropriated in this item may also be expended for repairs to heating and ventilation systems at facilities

operated by the sheriff of Norfolk county 232,000.”
This amendment was adopted.
Sent to the House for concurrence in the amendment.

Report of a Committee.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill establishing a sick leave bank for Leslie A. Donahue, a Justice of the Trial Court of the Commonwealth (Senate, No. 2314);

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

Subsequently, Ms. Murray, for the committee on Ways and Means, reported, that the bill ought to pass, with an amendment inserting before the enacting clause the following emergency preamble:—

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to establish a sick leave bank for a certain justice of the trial court, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”

There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.

The billl (Senate, No. 2314, amended) was then ordered to a third reading, read a third time, and was passed to be engrossed, its title having been changed by the committee on Bills in the Third reading to read as follows: “An Act establishing a sick leave bank for Leslie A. Donahue, a Justice of the Trial Court.”

Sent to the House for concurrence.

Paper from the House.

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 Public Service be granted until July 31, 2004 the time within which to report on current House document numbered 4405 and Senate document numbered 1310.

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 Pamela P. Resor, Patricia A. Walrath, Kathleen M. Teahan, Carol A. Donovan and other members of the General Court for legislation relative to the inspection fees for elevators, handicap lifts and dumb waiters.
Senate Rule 36 was suspended, on motion of Mr. Shannon, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Government Regulations.

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 C. Panagiotakos for legislation to establish the wrongfully convicted compensation commission.
Senate Rule 36 was suspended, on motion of Mr. Shannon, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

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 Pamela P. Resor and Ralph S. Tyler for legislation to strengthen the protection of the Massachusetts “anti-slapp statute”.
Senate Rule 36 was suspended, on motion of Mr. Shannon, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

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 for legislation to authorize the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain land in the town of Shrewsbury.
Senate Rule 36 was suspended, on motion of Mr. Shannon, 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.

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 Ralph S. Tyler and Phillip Mighdoll for legislation to create a senior citizen residential exemption for the town of Sudbury.
Senate Rule 36 was suspended, on motion of Mr. Shannon, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.

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 Ralph S. Tyler and Phillip Mighdoll for legislation to establish senior citizen property tax exemptions by local option.
Senate Rule 36 was suspended, on motion of Mr. Shannon, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.

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 Susan C. Tucker, Linda J. Melconian and Stephen J. Buoniconti for legislation relative to the sale of municipal tax receivables.
Senate Rule 36 was suspended, on motion of Mr. Shannon, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.
Severally sent to the House for concurrence.

Papers from the House.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4631) of William M. Straus, Marc R. Pacheco and others (by vote of the town) that the town of Marion be authorized to develop and maintain a subsidized housing plan for low and moderate income housing;
Under suspension of Joint Rule 12, to the committee on Housing and Urban Development.

Petition (accompanied by bill, House, No. 4632) of William M. Straus and Mark C. Montigny for legislation to authorize the Trial Court to establish a sick leave bank for David Ponte, an employee of said court;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4633) of the Massachusetts AFL-CIO, Robert M. Koczera and Steven A. Tolman relative to appointments to the Labor Relations Commission and appointments and reappointments to the Civil Service Commission;
Under suspension of Joint Rule 12, to the committee on Public Service.

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

The House Bill providing for a charter for the town of Dudley (House, No. 4428),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Papers from the House.

Engrossed Bill.

An engrossed Bill relative to the commitment of sexually dangerous persons (see Senate, No. 1005, amended) (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 President and laid before the Governor for his approbation.

The House Bill authorizing the town of Winchester to grant 3 additional licenses for the sale of all alcoholic beverages (printed as Senate, No. 2032),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment adding the following 2 sections:—

“SECTION 2. Notwithstanding section 11 of chapter 138 of the General Laws as to the time and manner of voting on questions, the board of selectmen of the town of Winchester shall cause the following 2 questions to be placed on the official ballot to be used at the next annual town election or at an earlier special town election:

(a) ‘Shall the board of selectmen be authorized to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises in the town of Winchester?’

If a majority of the votes cast in answer to that question is in the affirmative, the town shall be taken to have authorized the granting of an additional license for the sale of all alcoholic beverages not to be drunk on the premises, but not otherwise.

(b) ‘Shall the board of selectmen be authorized to grant 2 additional licenses for the sale of wines and malt beverages not to be drunk on the premises?’

If a majority of the votes cast in answer to that question is in the affirmative, the town shall be taken to have authorized the granting of 2 additional licenses for the sale of wines and malt beverages not to be drunk on the premises, but not otherwise.

SECTION 3. This act shall take effect upon its passage.”
On motion of Mr. Shannon, the Senate receded from its amendment.

Recess.

At twenty-nine minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair, and at nineteen minutes before one o’clock P.M., the Senate reassembled, Mr. Morrissey in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Papers from the House.

A Bill exempting the position of deputy police chief of the town of Braintree from the civil service law (House, No. 4379,— on petition) [Local approval received] ,— was read.

There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Emergency Preamble Adopted.

An engrossed Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain land to Thayer Academy in the town of Braintree (see Senate, No. 2178), 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 4 to 0.

The bill was signed by the Acting President (Morrissey) and sent to the House for enactment.

Recess.

At sixteen minutes before one o’clock P.M., the Chair (Mr. Morrissey) declared a recess subject to the call of the Chair, and at seven minutes past one o’clock P.M., the Senate reassembled, Mr. Moore in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Papers from the House.

Emergency Preambles Adopted.

An engrossed Bill making appropriations for the fiscal year 2004 to provide for supplementing certain existing appropriations and for certain other activities and projects (see Senate, No. 2304, 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 4 to 0.
The bill was signed by the Acting President (Moore) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Leslie A. Donahue, a Justice of the Trial Court (see Senate, No. 2314, 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 4 to 0.
The bill was signed by the Acting President (Moore) and sent to the House for enactment.

Order Adopted.

On motion of Mr. Tisei,—

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.

Papers from the House.

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:

Authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain land to Thayer Academy in the town of Braintree (see Senate, No. 2178);

Establishing a sick leave bank for Leslie A. Donahue, a Justice of the Trial Court (see Senate, No. 2314, amended); and

Providing for a charter for the town of Dudley (see House, No. 4428).

An engrossed Bill making appropriations for the fiscal year 2004 to provide for supplementing certain existing appropriations and for certain other activities and projects (see Senate, No. 2304, amended) (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 re-enacted and was signed by the Acting President and again laid before the Governor for his approbation.

On motion of Mr. Tisei, at seventeen minutes past one o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.