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, April 5, 2004.

Met at four minutes past eleven o’clock A.M. (Mr. Tolman in the Chair).

The Chair (Mr. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer for legislation relative to the state board of retirement and creditable service for Thomas Guerino; and

By Ms. Menard, a petition (subject to Joint Rule 12) of Joan M. Menard, Patricia A. Haddad, Mark A. Howland, Robert Correia and other members of the General Court for legislation relative to the prescription advantage program;
Severally, 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. 831, 836, 837, 838, 840, 841, 842, 843, 845, 846, 847, 848, 849, 851, 852, 853, 854, 856, 857, 859, 861, 862, 863, 864, 867, 869, 870, 871, 872, 873, 874, 876, 877, 878, 880, 881, 882, 885, 887, 888, 890, 892, 893, 894, 897, 899, 900, 901, 902, 903, 905, 906, 907, 908, 909, 911, 913, 914, 916, 917, 919, 920, 921, 922, 923, 924, 925, 926, 927, 930, 1936, 1971 and 2186 an Order relative to authorizing the joint committee on Insurance to make an investigation and study of certain Senate documents relative to insurance regulations in the Commonwealth (Senate, No. 2310);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill creating the uniform child-custody jurisdiction and enforcement act (Senate, No. 959);

By the same Senator, for the same committee, on petition, a Bill establishing the Massachusetts principal and income act (Senate, No. 962);

By the same Senator, for the same committee, on petition, a Bill relative to an administrative deputy assistant of the Probate and Family Court Department of Plymouth County (Senate, No. 982);

By the same Senator, for the same committee, on petition, a Bill relative to Plymouth County assistant clerk magistrates (Senate, No. 1013);

By the same Senator, for the same committee, on petition, a Bill relative to justices of the Housing Court (Senate, No. 1014);

By the same Senator, for the same committee, on petition, a Bill establishing a public guardianship commission (Senate, No. 1031);

By the same Senator, for the same committee, on petition, a Resolve in favor of William J. Gormley, III (Senate, No. 1130) (Senator Lees dissenting); and

By Mr. Baddour, for the committee on Transportation, on petition (accompanied by bill, Senate, No. 1872), a Bill relative to a study by the Executive Office of Transportation and Construction (Senate, No. 2307);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Glodis, for the committee on Insurance, on petition, a Bill relative to insurance rates (Senate, No. 2093);

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill relative to the disposition of museum property (Senate, No. 244);

By the same Senator, for the same committee, on petition, a Bill concerning insubstantial, frivolous or bad faith claims in district and municipal court (Senate, No. 947);

By the same Senator, for the same committee, on petition, a Bill relative to the appointment of guardians of minors in the district and juvenile court departments (Senate, No. 1023);

By the same Senator, for the same committee, on petition, a Bill relative to crimes against the elders and persons with disabilities (Senate, No. 1083); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 938), a Bill authorizing the warrantless arrest for reckless or negligent vehicular homicide and reckless or negligent operation (Senate, No. 2286);
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 relative to water and sewer service in the city of Taunton (Senate, No. 2213) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill authorizing the city of Revere to reduce water and sewer fee liability in exchange for volunteer services by persons over age 60 (Senate, No. 2223) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

By Mr. Glodis, for the committee on Insurance, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 839) of Robert S. Creedon, Jr. for legislation to establish the office of the Commissioner of Insurance as an elected position;

On the petition (accompanied by bill, Senate, No. 865) of Linda J. Melconian, Michael F. Kane and Joseph F. Wagner for legislation relative to minimum annuity payments;

On the petition (accompanied by bill, Senate, No. 866) of Mark C. Montigny and Therese Murray for legislation to establish solvency requirements for health maintenance organizations; and

On the petition (accompanied by bill, Senate, No. 912) of John Hayes, Steven A. Tolman, Susan C. Fargo, John A. Hart, Jr. and other members of the General Court for legislation to establish a choice/no-fault bodily injury system in automobile insurance; and

By Mr. Baddour, for the committee on Transportation, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1882) of Cheryl A. Jacques, Patricia A. Walrath, Guy W. Glodis, Bradley H. Jones, Jr. and other members of the General Court for legislation to allow certain cities and towns to join regional transit authorities;
Severally referred, under Senate Rule 36, to the committee on Steering and Policy.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4617) of Emile J. Goguen, Robert A. Antonioni and Brian Knuuttila (with the approval of the mayor and city council) relative to the appointment of retired police officers in the city of Fitchburg,— was referred, in concurrence, to the committee on Public Service.

A Bill relative to the standard for commercially used weights and measures devices (House, No. 27,— on House, No. 8, in part),— was read and, under Senate Rule 26A, referred to the committee on Science and Technology.

Bills

Relative to certain commercial contracts of insurance (House, No. 1700,— on petition);

Relative to the Greater Lawrence Sanitary District (House, No. 2108,— on petition) ; and

Designating the former administration building on Tewksbury Hospital in the town of Tewksbury as the Richard P. Morris Building (House, No. 4567,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill relative to the retirement and health benefits of certain elected officials of the town of Richmond (House, No. 4236,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports

Of the committee on Election Laws, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2782) of Harriett L. Stanley and Bruce E. Tarr (by vote of the town) relative to debt exclusion ballot questions in the town of Groveland,— and recommending that the same be referred to the committee on Local Affairs and Regional Government.

Of the committee on Local Affairs and Regional Government, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4016) of Debra Tsampas relative to local zoning for micropigmentation practitioners,— and recommending that the same be referred to the committee on Health Care.

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

Of the petition (accompanied by bill, Senate, No. 1246) of Marc R. Pacheco for legislation to authorize a governmental body to enter into contracts for the operation and maintenance, lease or sale and modification of water storage and treatment facilities and wastewater treatment facilities, collection and distribution systems, sewer and pump stations; and

Of the petition (accompanied by bill, House, No. 3008) of Stephen Kulik and other members of the General Court relative to the procurement of wastewater treatment and disposal services;

And recommending that the same severally be referred to the committee on State Administration.

Of the committee on Transportation, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2727) of Charles A. Murphy (by vote of the town) relative to certain private ways in the town of Burlington,— and recommending that the same be referred to the committee on Local Affairs and Regional Government.
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, House, No. 1716) of Ronald Mariano relative to the costs of the clean-up of Boston Harbor;

Of the petition (accompanied by bill, House, No. 1718) of Ronald Mariano relative to the payment of costs for the clean-up of Boston Harbor;

Of the petition (accompanied by bill, House, No. 2846) of Robert A. DeLeo and other members of the General Court relative to the cost of fringe benefits for eligible employees of the Water Resources Authority; and

Of the committee on Public Service, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3972) of Stephen Kulik, Stephen M. Brewer, Andrea F. Nuciforo Jr., Christopher J. Donelan and Stanley C. Rosenberg relative to transferring group health insurance of retired Franklin County employees to the Commonwealth;

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.

A report of the committee on Public Service, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3866) of Rachel Kaprielian, Steven A. Tolman and Peter J. Koutoujian (by vote of the town council) that the retirement board of the city of Watertown be authorized to grant increased retirement benefits to certain former employees of said city, and recommending that the same be referred to the committee on Senate Ways and Means,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.

Reports

Of the committee on Banks and Banking, recommending that the communication from the Commissioner of Banks (under Section 2(31) of Chapter 167F of the General Laws) submitting proposed regulations governing national banks and credit unions (House, No. 3860),— be placed on file; and

Of the committee on Taxation, recommending that the biennial report of the Commissioner of Revenue (under Section 10C of Chapter 58 of the General Laws) submitting an equalization and apportionment upon the several cities and towns of the amount of property and proportion of every one thousand dollars of state or county tax which should be assessed upon each city or town (House, No. 2006),— be placed on file;
Severally came from the House, accepted by the House.
Under Senate Rule 36, the reports were severally considered forthwith and accepted, in concurrence.

Resolutions.

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

Resolutions (filed by Mr. Brewer) “on the seventy-fifth anniversary of the Massachusetts Sportsmen’s Council, Inc.”;

Resolutions (filed by Ms. Fargo) “on the one-hundredth birthday of Mary Helen Barrett”;

Resolutions (filed by Messrs. McGee and Barrios) “congratulating the Saugus High School Boys Ice Hockey Team on winning the 2003-2004 Division II State Championship”;

Resolutions (filed by Mr. Morrissey) “on the retirement of Patricia Ann McKenna”;

Resolutions (filed by Mr. Pacheco) “celebrating Taunton State Hospital’s one hundred fiftieth anniversary”;

Resolutions (filed by Mrs. Sprague and Mr. Brown) “congratulating the Walpole High School Boys Basketball Team”; and

Resolutions (filed by Mrs. Sprague and Mr. Brown) “congratulating the Walpole High School Girls Basketball Team.”

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 relative to the charter of the town Rockland (Senate, No. 2189),— 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 exempting members of the police force of the town of Hopedale from the civil service law (House, No. 4309),— 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.

A Bill relative to the school committee of the city of Chelsea (House, No. 4410,— on petition) [Local approval received],— was read.

There being no objection, the rules were suspended, on motion of Mr. Barrios, and the bill was read a second time.

Mr. Barrios moved to amend the bill, in section 3, by inserting after the figure “2004”, in line 7, the following words:— “, and the preceding preliminary election shall be held on the date of and in conjunction with the regular state primaries in 2004”.
The amendment was adopted.
The bill, as amended, was 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.

A petition (accompanied by bill, House, No. 4640) of William M. Straus and William Francis Galvin relative to nomination papers for certain state representative districts in the year 2004,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Election Laws.

Recess.

There being no objection, at twenty-nine minutes before twelve o’clock noon, the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at twenty-one minutes before twelve o’clock noon, the Senate reassembled, Mr. Tolman in the Chair.

Order Adopted.

On motion of Mr. Hedlund,—

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.

On motion of the same Senator, at twenty minutes before twelve o’clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.