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 8, 2004.

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

Distinguished Guests.

There being no objection, the Chair (Mr. Tolman) introduced, seated in the rear of the Chamber, members of the Sikh community. They were the guests of Senators Barrios and Resor.

Communications.

The following communications were severally placed on file:

Communication from the Department of Education (under the provisions of Chapter 69 of the General Laws and in accordance with the requirements of Chapter 70B, Section 9) submitting interim regulations pertaining to the school building assistance program (received Wednesday, March 3, 2004);

Communication from the Plainridge Racecourse (under the provisions of Section 2 of Chapter 128 of the General Laws) submitting copies of contracts for incoming signals (received Friday, April 2, 2004);

Communication from the Water Resources Commission relative to the town of Plainville’s request to develop a wellfield near Lake Mirimichi (received Friday, April 2, 2004); and

Communication from the Water Resources Commission relative to its approval of Brockton’s request to purchase water from a desalinization plant to be constructed in Dighton (received Monday, April 5, 2004).

Reports.

The following reports were severally read and placed on file:

A report of the Massachusetts State Lottery Commission (under the provisions of Section 38 of Chapter 10 of the General Laws) submitting its 2003 annual report for the Charitable Gaming Division (received Thursday, April 1, 2004); and

A report of the Massachusetts Bay Transportation Authority (under the provisions of Subsection 5 of Section 151 of the Acts of 1999) submitting its Report of Operations for calendar year 2003 (received Friday, April 2, 2004).

Petition.

Mr. Nuciforo presented a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr., Robert A. DeLeo, Steven C. Panagiotakos, Christopher G. Fallon and other members of the General Court for legislation to provide remedies to consumers for clearing title after payoff of mortgages,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill relative to certain proceedings relating to corporations (Senate, No. 950);

By the same Senator, for the same committee, on petition, a Bill to prohibit the use of certain liability waivers as against public policy (Senate, No. 956);

By the same Senator, for the same committee, on petition, a Bill relative to registered land instruments procured by falsification of corporate office-holding (Senate, No. 983);

By the same Senator, for the same committee, on petition, a Bill relative to the First Amendment rights of judges (Senate, No. 1000);

By the same Senator, for the same committee, on petition, a Bill allowing the solemnization of marriage by a judicial officer (Senate, No. 1003);

By the same Senator, for the same committee, on petition, a Bill relative to attorney’s lien for fees (Senate, No. 1999); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1042), a Bill relative to prepaid legal services (Senate, No. 2285);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Reports of a Committee.

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 amend insurance requirements for home inspectors (Senate, No. 415);

Protecting consumers against additional charges from new area codes (Senate, No. 446);

Relative to the Division of Administrative Law Appeals (Senate, No. 581);

Relative to allowing for quarterly or monthly Medicaid statements (Senate, No. 678); and

Relative to the modification of the helmet law (Senate, No. 1363).

The Senate reports

Of the committee on Public Safety, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1307) of Cynthia S. Creem, Carol A. Donovan, Stephen M. Brewer and other members of the General Court for legislation relative to the suspension of drivers’ licenses; and

On the petition (accompanied by bill, Senate, No. 1334) of Michael R. Knapik, Robert L. Hedlund, Brian P. Lees, Richard R. Tisei and other members of the General Court for legislation to authorize police officers to take certain actions outside their jurisdiction.

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 Insurance to make an investigation and study of certain Senate documents relative to insurance regulations in the Commonwealth (Senate, No. 2310),— and recommending that the same be referred to the Senate committee on Senate Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Brewer, for the committee on Ethics and Rules, to whom was referred 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 employees and other related matters (Senate, No. 2135), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 1572) of Andrea F. Nuciforo, Jr., Peter J. Larkin, William Smitty Pignatelli and other members of the General Court for legislation relative to the state retirement system,— and recommending that the same be recommitted to the committee on Public Service.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4628) of Harold P. Naughton, Jr. and James B. Eldridge (by vote of the town) that the town of Lancaster be authorized to lease a certain parcel of land to wireless communication companies for the installation of wireless antennas and related structures; and

Petition (accompanied by bill, House, No. 4634) of Christopher G. Fallon, Paul J. Donato and Edward G. Connolly (with the approval of the mayor and city council) that the city of Malden be authorized to compensate said city’s representative to the Northeast Metropolitan Regional Vocational School Committee;
Severally to the committee on Local Affairs and Regional Government.

Petition (accompanied by bill, House, No. 4629) of Harold P. Naughton, Jr., Robert A. Antonioni, James B. Eldridge and Harriette L. Chandler (by vote of the town) that the town of Lancaster be authorized to extend benefits to Claire B. McNamara and her dependents, survivors of fire fighter Martin H. McNamaraV; and

Petition (accompanied by bill, House, No. 4630) of Harold P. Naughton, Jr., Robert A. Antonioni, James B. Eldridge and Harriette L. Chandler (by vote of the town) for legislation to authorize the town of Lancaster to pay the funeral and burial expenses of Martin H. McNamara V, a fire fighter who died in performance of his duties;
Severally to the committee on Public Service.

A Bill relative to consumer and merchant protection (House, No. 492,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills

Authorizing the town of Northbridge to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 3935,— substituted by amendment by the House for the report of the committee on Government Regulations, House, No. 4490) [Local approval received on House, No. 3935]; and

Abolishing the Wareham Economic and Industrial Development Corporation and the Wareham Community Development Authority (House, No. 4566,— on House, No. 3745 and Senate, No. 1172) [Local approval received on House, No. 3745 and Senate, No. 1172];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

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

Resolutions (filed by Mr. Barrios) “commending the 911 call operators of Massachusetts on the occasion of National Public Safety Telecommunications Week”;

Resolutions (filed by Mr. Barrios) “congratulating the Sikh community”;

Resolutions (filed by Mr. McGee) “honoring Alphonso Gambale on the occasion of his one-hundredth birthday”;

Resolutions (filed by Messrs. Travaglini and Barrios) “congratulating Joseph T. James and Dorothea B. James on the occasion of their sixtieth wedding anniversary”;

Resolutions (filed by Ms. Walsh) “congratulating Robert Gorman on the occasion of his Court of Honor”; and

Resolutions (filed by Ms. Walsh) “congratulating Maxwell Marquart on the occasion of his Court of Honor.”

Message from the Governor.

A message from His Excellency the Governor returning with his disapproval of a certain section contained in 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) (for message, see Senate, No. 2320) was received in the office of the Clerk of the Senate on Monday, April 5, 2004 at three minutes past four o’clock P.M.
The message was read; and it was referred under, Senate Rule 27, to the committee on Ways and Means.

Petition.

On motion of Mr. O’Leary, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Brewer, (accompanied by bill) of Stephen M. Brewer and Reed V. Hillman for legislation to discontinue the planned conveyance of a certain parcel of land in the town of Sturbridge,— and the same was referred to the committee on State Administration.

Sent to the House for 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 Senate/House Bill authorizing certain utility rights-of-way in the town of Tewksbury (Senate, No. 2070) (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.

Sent to the House for concurrence.

The Senate Bill authorizing and directing the retirement board of the city of Quincy to grant creditable service to James J. Dentremont (Senate, No. 1933),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act directing the retirement board of the city of Quincy to grant creditable service to James J. Dentremont”.

Sent to the House for concurrence.

The House Bill authorizing the city of Lowell to pay a certain unpaid bill (House, No. 4216),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 Michael W. Morrissey for legislation relative to the sex offender registry.
Senate Rule 36 was suspended, on motion of Ms. Wilkerson, 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.

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. Baddour and Brian S. Dempsey for legislation relative to the inspection of air tanks.
Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.

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 Michael W. Morrissey for legislation relative to educational credits for public safety officers.
Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 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.
Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Stephen M. Brewer for legislation relative to the state board of retirement and creditable service for Thomas Guerino.
Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Mark C. Montigny and William M. Straus for legislation to dedicate certain land in the town of Fairhaven for a memorial to Charles F. Albaugh.
Senate Rule 36 was suspended, on motion of Ms. Wilkerson, 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.

Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

The House Bill relative to criminal offender record information checks for assisted living employees (House, No. 4390),— came from the House with the endorsement that the House had concurred in the Senate amendment in Section 1: in the third paragraph, by adding the following sentence: “Pending receipt of the criminal offender record check, assisted living facilities and continuing care facilities shall monitor such conditional employee’s duties and shall prohibit such conditional employees from making off-site home visits.”; and by striking out the last paragraph.”,— with a further 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 to require forthwith certain criminal offender record information for assisted living employees, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
The rules were suspended, on motion of Mrs. Sprague, and the House amendment was considered forthwith and adopted, in concurrence.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4648) of Christine E. Canavan and Kathleen M. Teahan for legislation to regulate contributions by the city and the towns for operation of the Southeastern Regional School District;
Under suspension of Joint Rule 12, to the committee on Education, Arts and Humanities.

Petition (accompanied by bill, House, No. 4649) of William C. Galvin that the persons insured under accident and sickness policies be authorized to assign benefits to health care providers;
Under suspension of Joint Rule 12, to the committee on Insurance.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), having been certified by the Assistant Clerk, Acting 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 town of Winchester to grant 3 additional licenses for the sale of all alcoholic beverages (see House Bill printed as Senate, No. 2032);

Providing for the annual observance of Armenian-American Heritage Month (see House, No. 2695);

Exempting members of the police force of the town of Hopedale from the civil service law (see House, No. 4309);

and Exempting the position of deputy police chief of the town of Braintree from the civil service law (see House, No. 4379).

Order Adopted.

On motion of Ms. Wilkerson,—

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.

On motion of Mrs. Sprague, at seventeen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.