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 7, 2005.

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

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

Communication.

The following communication was received from the Honorable Marian Walsh:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

Tuesday, April 5, 2005.

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

Dear Mr. Clerk,

It has become necessary for me to undergo a complete hysterectomy surgery on Monday, April 4, 2005. This will require my absence from the building for several weeks. A complete and full recovery is expected.

As always, my staff is available to be of service.

Sincerely,
MARIAN WALSH,
Senator,
Assistant Majority Leader.

The communication was placed on file.

Communications.

The following communications were severally placed on file:

Communication from the Plainridge Racecourse (under the provisions of Section 2 of Chapter 128C of the General Laws) submitting copies of contracts for incoming signals (received Friday, March 25, 2005); and

Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Hampshire County Jail and House of Correction (received Monday, March 28, 2005).

Reports.

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 Monday, March 28, 2005),— was read and sent to the House for its information.

The following reports were severally read and placed on file:

A report of the Worcester Regional Transit Authority (under the provisions of Chapter 161B of the General Laws) submitting its annual report for fiscal year 2003 (received Monday, March 28, 2005);

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 the month of February 2005 (received Tuesday, March 29, 2005);

A report of the Massachusetts State Lottery Commission (under the provisions of Section 38 of Chapter 10 of the General Laws) submitting its 2004 annual report for the Charitable Gaming Division (received Friday, April 1, 2005); and

A report of the Massachusetts School Building Authority (pursuant to Section 54 of Chapter 208 of the Acts of 2004) submitting a copy of its final progress report (received Friday, April 1, 2005).

Petitions.

Petitions were presented and referred, as follows:

By Ms. Menard, a petition (subject to Joint Rule 12) of Joan M. Menard for legislation relative to creditable service of certain Massachusetts Community College Council employees;

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation regarding the eligibility of certain persons to participate in the civil service examination; and

By the same Senator, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation to expand penalties for non-payment of boat excise tax;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill designating a portion of state highway route 122-north in the towns of Paxton, Rutland, Oakham and Barre as a scenic byway (Senate, No. 1881, changed by inserting in section 1, paragraph 1, in the first sentence by adding before the word “Rutland” the word:— “Paxton,”; in the same sentence striking out the word “and” after the word “Petersham” and adding the following words:— “New Salem and Orange”; and in said section 1, in the second sentence striking out the words “and Rutland and end at the town line of Petersham and New Salem.” and inserting in place thereof the following words:— “and Worcester and end at its point in Orange.”);
Read and referred under Senate Rule 12B to the committee on Senate Ethics and Rules.

Committee Discharged.

Mr. Creedon, for the committee on the Judiciary, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 959) of Susan C. Fargo, John A. Lepper, Kathleen M. Teahan, William M. Greene, Jr. and other members of the General Court for legislation to further regulate access to birth certificates,— and recommending that the same be referred to the committee on Children and Families.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 2794) of Karyn E. Polito (by vote of the town) relative to authorizing the town of Shrewsbury to sell and convey a certain parcel of land; and

Petition (accompanied by bill, House, No. 2795) of Karyn E. Polito (by vote of the town) relative to the payment of costs for systems of sewerage and sewage disposal in the town of Shrewsbury;
Severally to the committee on Municipalities and Regional Government.

The final report of the Commission to study the Provision of Counsel to Indigent Persons in Massachusetts (pursuant to Section 2 of Chapter 253 of the Acts of 2004 and amended by Section 17 of Chapter 6 of the Acts of 2005) relative to the recommendations of the Provision of Counsel to Indigent Persons Commission (House, No. 2793),— was referred, in concurrence, to the committee on the Judiciary.

Resolutions.

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

Resolutions (filed by Mr. Pacheco) “on the fiftieth wedding anniversary of Henry and Dorothy Guillemette”; and

Resolutions (filed by Mr. Pacheco) “congratulating Jeanne ‘Cookie’ Mastro-Showstead.”

Petition.

On motion of Mr. Havern, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Murray, (accompanied by bill) of Therese Murray, Viriato Manuel deMacedo and Thomas J. O’Brien for legislation relative to the installation of carbon monoxide detectors in residential buildings (“Nicole’s Law”),— and the same was referred to the committee on Public Safety and Homeland Security.
Sent to the House for concurrence.

Reports of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey, Kathleen M. Teahan and Marie J. Parente for legislation to authorize the Department of Social Services to allow William and Kathryn Worthen of Abington to adopt children beyond the family unit size limit.
Senate Rule 36 was suspended, on motion of Mr. Havern, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Children and Families.
Sent to the House for concurrence.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 7B be suspended on the Senate petition of Michael W. Morrissey, Ronald Mariano and Joseph R. Driscoll for legislation to authorize land use for the purpose of easements for construction and repair of a water main in the town of Holbrook [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Havern, and the report was considered forthwith. Joint Rule 7B was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 2798) of Louis L. Kafka and others that the Division of Capital Asset Management and Maintenance be authorized to convey certain land to the town of Stoughton;
To the committee on Bonding, Capital Expenditures and State Assets.

Petition (accompanied by bill, House, No. 2797) of William M. Straus and others relative to consumer protection of certain personal information;
To the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 2799) of Peter V. Kocot and Stanley C. Rosenberg for legislation to establish a sick leave bank for Michelle Sharac, an employee of the Trial Court of the Commonwealth;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

A Bill authorizing Shawn McCluskey and Anthony D. Fontana of the town of Billerica to take a civil service examination for any position notwithstanding the maximum age requirements (House, No. 2796,— on House, Nos. 1264 and 2600),— was read.
There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted.

Mr. Havern in the Chair, on motion of Mr. Travaglini,—

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.

Adjournment in Memory of Senator Charles E. Shannon.

The Senator from Suffolk and Middlesex, Mr. Travaglini, moved that when the Senate adjourns today, it adjourn in memory of Senator Charles E. Shannon, Jr. Senator Shannon died early Tuesday morning after a valiant struggle battling leukemia. He will be remembered always by his colleagues, staff and constituents as a competent and fair legislator, a great family man and a friend. He represented his district the way he lived his life, with honor and dignity. He leaves behind his wife Dorothy, sons Charles III and Michael, daughter-in-law Heather, his brother William, sister Martha and several nieces and nephews. He also leaves behind his wonderful and able staff Sean, Mike, Adam, Kristen and Peter who join us in paying our respects to Senator Shannon’s family.

Accordingly, as a mark of respect to the memory of Senator Charles E. Shannon, Jr. at twelve minutes past eleven o’clock A.M. on motion of Mr. Travaglini, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.