UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

JOURNAL OF THE SENATE.

Tuesday, April 4, 2006.

Met according to adjournment at one o’clock P.M. (Mr. Rosenberg in the Chair).

Distinguished Guests.

The President in the Chair, there being no objection, the President handed the gavel to Mr. Buoniconti for the purpose of an introduction. Mr. Buoniconti, along with Mr. Lees, then welcomed the National Basketball Hall of Fame Class of 2006: Geno Auriemma, longtime head coach of the University of Connecticut Women’s Basketball Team, Charles Barkley, 11-time NBA All-Star and 1993 MVP, Joe Dumars, 6-time All-Star and 2-time NBA champion, Dave Gavitt, former head coach of the Providence College Men’s basketball team, Big East Commissioner and founder and Boston Celtics CEO, Dominique Wilkins, 9-time NBA All-Star and 2-time slam dunk champion. Two members of the class Dick Vitale, former University of Detroit men’s basketball head coach and college basketball broadcaster and Sandro Gamba, long time coach of the Italian National Team, were unable to attend. Charles Barkley briefly addressed the Chamber. The hall of famers signed the guest book and withdrew from the Chamber.

There being no objection, the President handed the gavel to Mr. Brewer for the purpose of an introduction. Mr. Brewer then introduced the Division III State Champion Girls Varsity Basketball Team from the Quaboag Regional High School. The girls were accompanied by their coach, Dick Gowen, who briefly addressed the Chamber, signed the guest book and, along with the team, withdrew from the Chamber.

Report.

Mr. Rosenberg in the Chair, 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 Bristol County Jail, Ash Street Facility (received Friday, March 31, 2006),— was read and sent to the House for its information.

Reports of Committees.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on petition (accompanied by bill, Senate, No. 1841), an Order relative to authorizing the joint committee on Bonding, Capital Expenditures and State Assets to make an investigation and study of Senate document numbered 1841, relative to bonding (Senate, No. 2465);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Mr. Buoniconti, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill authorizing campaign contributions by debit card (Senate, No. 2340).

Committee Discharged.

Mr. Moore, for the committee on Health Care Financing, reported, asking to be discharged from further consideration of the Senate Bill requiring pharmacies to inform the Department of Public Health of medication dispensing errors (Senate, No. 2434),— and recommending that the same be recommitted to the committee on Elder Affairs.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4753) of Andrea F. Nuciforo, Jr. (by vote of the town) relative to sewer betterment assessments in the town of Richmond;
Petition (accompanied by bill, House, No. 4811) of Andrea F. Nuciforo, Jr., relative to the Sherwood Greens Road Improvement and Maintenance District in the town of Becket;
Severally to the committee on Municipalities and Regional Government.

Reports
Of the committee on Health Care Financing, asking to be discharged from further consideration
Of the House Order relative to authorizing the committee on Public Health to make an investigation and study of a certain House document relative to speech-language pathologists (House, No. 4264),— and recommending that the same be referred to the House committee on Rules.
Of the House Bill relative to regional medical panel fees for disability pension review (House, No. 14);
Of the House Bill relative to discharge from the Massachusetts Hospital School (House, No. 2825);
Of the House Bill to establish an office of youth development (House, No. 2826);
Of the House Bill relative to medical screening and evaluation within the foster care system (House, No. 2836);
Of the House Bill clarifying the definition of home health and homemaker agencies (House, No. 2840);
Of the House Bill to amend the Commonwealth’s drug treatment program, to allow for the diversion of low-level offenders under court supervision (House, No. 3556, changed);
Of the House Bill authorizing the Sheriff’s Department of Plymouth county to operate a C-Med system (House, No. 3579); and
Of the House Bill relative to requiring school districts to convene child nutrition and physical activity advisory committees (House, No. 4636);
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.

There being no objection, at one minute past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at twenty-three minutes past one o’clock P.M., the Senate reassembled, the President in the Chair.

The following prayer was offered by Father Bernard McLaughlin, Chaplain of the Senate:

First, I want to thank the Majority Leader for taking my place last week as I sat on the sands of Florida. Let me briefly sketch the genesis of his prayer, however.
Many years ago I was assigned to the great city of Peabody. Part of my task was to be sure a young kid knew his prayers. His name: Fred Berry. He did splendidly except that he reduced everything to AMEN. Young Fred could agree with everyone. Then our lives diverged. In Peabody Fred went into the “numbers”. In East Boston I went into the “horses”. Then we both met Bobby and we are happy ever after.

Everything went smoothly until I married Senator Jim Timilty.

A few serious words about an interview with Art Buchwald. The interview took place as he is dying from cancer. His epitaph should read, he said: “He was a good person”. His advice was don’t worry about the past or the future. Focus, everyday, on the good that you can do during that day. Amen.
The President, members, guests and employees then recited the pledge of allegiance to the flag.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Relative to drag racing in the city of Taunton (Senate, No. 2084);
Authorizing the town of Bellingham to establish a group insurance liability fund (Senate, No. 2260);
Exempting the position of chief of police in the city of Somerville from the provisions of civil service law (Senate, No. 2303);
Relative to the treatment of waste water in the town of Westborough (House, No. 4484); and
Establishing in the town of Lee representative town government by limited town meetings (House, No. 4536);
Were severally read a second time and ordered to a third reading.

The Senate Bill regarding medical record retention requirements (Senate, No. 1292),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill requiring the Division of Capital Asset Management and Maintenance to convey certain land to the town of Stoughton (House, No. 2798) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

The Senate Bill regarding funeral procession statute (Senate, No. 2346),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Baddour moved that the bill be amended by substituting a new draft entitled “An Act further regulating funeral processions” (Senate, No. 2483).
This amendment was adopted.
After remarks, the bill (Senate, No. 2483) was then passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill clarifying the community preservation act (Senate, No. 167),— was read a third time.
After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at five minutes before two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 238]:

The yeas and nays having been completed at one minute before two o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill authorizing boards of health to regulate the hours of collection of certain trash (Senate, No. 1173) (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 Senate Bill modifying the retirement benefits of certain widows and surviving spouses (Senate, No. 2481),— was read a third time.
After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at two minutes past two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 239]:

Mr. Havern in the Chair, the yeas and nays having been completed at eight minutes past two o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill further regulating apprentice training (Senate, No. 1086) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and, after remarks, was passed to be engrossed.
Sent to the House for concurrence.

There being no objection, during consideration of the Orders of the Day, the following matters were considered, to wit:

Matter Taken Out of the Notice Section of the Calendar.

The following matter was taken out of the Notice Section of the Calendar and considered as follows:
The House Bill designating a certain bridge in the town of Canton as the Samuel “Sam” Swardlick Bridge (House, No. 4673),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill to protect public water supply lands (Senate, No. 479),— ought to pass, with an amendment substituting a new draft entitled “An Act protecting the public water supply” (Senate, No. 2482).
There being no objection, the rules were suspended, on motion of Mr. Berry, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2482) was then ordered to a third reading and read a third time.

After further remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at nineteen minutes past two o’clock P.M., on motion of Mr. Moore, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 240]:

The yeas and nays having been completed at twenty-three minutes past two o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.
Committee of Conference Report.

A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendments to the House Bill relative to promoting access to health care (House, No. 4479) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2282; and by striking out the title and inserting in place thereof the following title: “An Act providing for health access, affordability and accountability.”, reported recommending that the House receded from its NON-concurrence with the Senate in its amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2282) and concur therein with a further amendment by striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4850, and that the Senate concur in the further amendment; and that the House recede from its NON-concurrence with the Senate in its amendment (striking out the title and inserting in place thereof the following title: “An Act providing for health access, affordability and accountability.” And concur therein with a further amendment by striking out the title and inserting in place thereof the following title: “An Act providing access to affordable, quality, accountable health care,”, and that the Senate concur in the further amendment,— came from the House, and was read.
The rules were suspended, on motion of Mr. Moore, and the report was considered forthwith.
After debate, the question on acceptance of the report of the committee of conference, in concurrence, was determined by a call of the yeas and nays, at five minutes before three o’clock P.M., on motion of Mr. Moore, as follows, to wit (yeas 37— nays 0) [Yeas and Nays No. 241]:

The President in the Chair, the yeas and nays having been completed at one minute before three o’clock P.M., the report was accepted, in concurrence.

Communication.

The Clerk read the following communication:

April 4, 2006.

Mr. William F. Welch
Clerk of the Massachusetts Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:
For the session scheduled for today, Tuesday April 4, I had to leave the State House for a long scheduled medical procedure. Therefore, I am unable to be present in the Senate Chamber for the roll call votes on passage of the Conference Committee Report on Health Care Reform.
If I were present in the chamber I would vote in the affirmative on House Bill 4479, An Act Promoting Access to Health Care.
I would appreciate your assistance with the printing of this communication in today’s Senate Journal. Thank you for your attention to this matter.

Sincerely,
SCOTT P. BROWN,
State Senator.

On motion of Mr. Montigny, the above communication was ordered printed in the Journal of the Senate.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to a study by the Executive Office of Transportation and Construction (Senate, No. 1909),— ought to pass, with an amendment in section 1, by inserting after the first sentence the following sentence:— “The department of highways shall bear the cost of the studies required by this section.”; and by striking out the title and inserting in place thereof the following title:— “An Act requiring a study by the Executive Office of Transportation of the Alewife area.”.
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
Mr. Havern in the Chair, the bill (Senate, No. 1909, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

The Senate Bill to establish the Asian American Commission of the Commonwealth of Massachusetts (Senate, No. 2201, amended),— came from the House passed to be engrossed, in concurrence with an amendment in section 2 by adding at the end thereof the following paragraph:

“The commission staff shall consist of an executive director, employees, and volunteers who assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years. The executive director and employees of the commission shall receive no compensation from the commonwealth for their services.”; and by adding at the end thereof the following section:

“SECTION 4. Notwithstanding any general or special laws to the contrary, the executive director of the Asian American Commission, established pursuant to section 67 of chapter 3 of the General Laws, shall initially be appointed by the state treasurer for the term of 3 years.”.
The rules were suspended, on motion of Mr. Berry, and the House amendment was considered forthwith.
Pending the question on concurring on the House amendment, Mr. Morrissey moved that the Senate concur with the House amendment with a further amendment, in the House amendment to section 2 by striking out the third sentence.
The further amendment was adopted.
The Senate then concurred in the House amendment, as amended.
Sent to the House for concurrence in the further amendment.

Order — Amended.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows:
Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on The Judiciary shall be granted until Friday, June 30, 2006, within which to report on all matters referred to them.
Pending the question on adoption of the order, Mr. Creedon presented an amendment striking out the words “Friday, June 30,” and inserting in place thereof the words “Thursday, April 27,”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence in the amendment.

Engrossed Bills.

The following engrossed bills (the first three 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 (Mr. Havern) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) and laid before the Governor for his approbation, to wit:
Providing for alternative members on the community development board of the city of Methuen (see Senate, No. 2021);
Regulating access to student records (see Senate, No. 2206, amended);
Providing remedies to consumers for clearing title after payoff of mortgages (see Senate, No. 2278, amended);
Releasing certain land in the city of Northampton from the operation of an agricultural preservation restriction (see House, No. 1270); and
Designating a certain bridge in the town of East Bridgewater as the Cpl. Gordon M. Craig Bridge (see House, No. 4476).

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Moore, Montigny, Brewer, Ms. Chandler, Ms. Fargo, Mr. Havern, Ms. Jehlen, Ms. Murray, Mr. Pacheco, Ms. Resor, Mr. Tisei and Ms. Tucker) “memorializing the Congress of the United States to reform the Medicare Modernization Act of 2003.”

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4833) of William Smitty Pignatelli and Andrea F. Nuciforo, Jr., that the Department of Agricultural Resources be directed to grant a water supply permit to Daniel and Martha Tawczynski;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.
Petition (accompanied by bill, House, No. 4834) of David B. Sullivan that the Department of the Trial Court be authorized to establish a sick leave bank for Michael Abdow, an employee of the District Court of Fall River;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Recess.

There being no objection, at eight minutes past three o’clock P.M., at the request of Mr. Lees, for the purpose of a minority caucus, the Chair (Mr. Havern) declared a recess; and, at twenty-four minutes past four o’clock P.M., the Senate reassembled, Mr. Havern in the Chair.

Communication.

The Clerk read the following communication:

April 4, 2006.

William Welch, Senate Clerk
Room 335
State House
Boston, MA 02133

Dear Mr. Clerk:

On April 4, 2006, I was out of the country and unable to vote on H-4850. Had I been present, I would have voted in the affirmative.
I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for Tuesday, April 4, 2006. Thank you for your assistance in this matter.

Sincerely,
BRIAN A. JOYCE,
State Senator.

On motion of Mr. Creedon, the above communication was ordered printed in the Journal of the Senate.

Orders of the Day.

The Orders of the Day were further considered, as follows:
The engrossed Bill relative to certain motor vehicle violations (see Senate, No. 2132, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was considered, the question being on passing the bill to be enacted.
There being no objection, on motion of Mr. Lees, the pending motion, previously moved by the same Senator, to lay the engrossed bill on the table was withdrawn.
On further motion of same Senator, Senate Rule 49 was suspended.
Mr. Lees then offered an amendment inserting after the enacting clause the following section:—
“SECTION 1. The first paragraph of section 2 of chapter 90C of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following words:— Notwithstanding the preceding, the executive office of public safety shall, by regulation, require that all police officers in any department headed by a police chief, as defined in section 1, must complete adequate training to effectuate traffic stops in order to issue citations. The traffic stop training provided by the state police academy and the municipal police training committee shall satisfy the requirements of this section. The secretary of public safety may prohibit the issuance of citation books to any police chief, as defined by said section 1, if officers under the authority of such police chief have failed to receive the required training. If the secretary of public safety has prohibited the issuance of citation books to a police chief, the police chief may request, in writing, that the issuance of citation books resume. The secretary of public safety may, as a precondition to allowing such request, require that all police officers under in such police chiefs department receive additional hours of training in effectuating traffic stops.”
Pending the question on adoption of the amendment and pending the main question on passing the bill to be enacted, on motion of Mr. Pacheco, the further consideration thereof was postponed until Wednesday, April 26.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill promoting access to affordable, quality, accountable health care (see House, No. 4479, 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 3 to 0.
The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment.
Subsequently, the President in the Chair, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the President.

Order Adopted.

On motion of Mr. Lees,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of Corporal Scott J. Procopio.

Mr. Havern in the Chair, the Senator from Essex and Middlesex, Mr. McGee, and the Senator from Middlesex, Suffolk and Essex, Mr. Barrios, presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of Corporal Scott J. Procopio.

Corporal Procopio was killed by a roadside bomb while on patrol Sunday in Ramadi, Iraq. He was a corporal with the Third Battalion, Eighth Marine Regiment. Scott was a lifelong resident of Saugus and is survived by his father, Kevin, his mother Mary, his three brothers, Michael, Greg and Mark and his wife Kristal. He was in his second tour of duty in Iraq.

Accordingly, the President in the Chair, as a mark of respect to the memory of Corporal Scott J. Procopio, at nine minutes past five o’clock P.M. on motion of Mr. Lees, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.