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

Monday, May 9, 2005.

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

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

Distinguished Guests.

The President introduced, in the rear of the Chamber, members of the student council from Saint Mary’s Star of the Sea School in East Boston. Among the student council was Jennifer Travaglini, the daughter of Senate President Travaglini. The students were accompanied by one of their teachers, Ms. Drecker and Kelly Travaglini, the wife of Senate President Travaglini.

Petitions.

Petitions were presented and referred as follows:

By Mr. Barrios, a petition (accompanied by bill, Senate, No. 2048) of Jarrett T. Barrios and Timothy J. Toomey, Jr. (with approval of the mayor and city council) for legislation relative to the procurement officer of the city of Somerville [Local approval received]; and

By the same Senator, a petition (accompanied by bill, Senate, No. 2049) of Jarrett T. Barrios and Timothy J. Toomey, Jr.(with approval of the mayor and city council) for legislation to authorize the Somerville retirement board to purchase or lease property, facilities, and equipment [Local approval received:;

Severally, under Senate Rule 20, to the committee on Municipalities and Regional Government.

By the same Senator, a petition (accompanied by bill, Senate, No. 2047) of Jarrett T. Barrios and Timothy J. Toomey, Jr. (with approval of the mayor and city council) for legislation to authorize the appointment of special police officers in the city of Somerville [Local approval received];

Under Senate Rule 20, to the committee on Public Service.

Severally sent to the House for concurrence.

Mr. Rosenberg presented a petition (subject to Joint Rule 12) of Stanley C. Rosenberg and John W. Scibak for legislation relative to the historic Lucius Crain Tavern in the town of Hadley,— 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. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill to clarify the authority of conservation commissions to impose consultant fees (Senate, No. 1167);

By the same Senator, for the same committee, on petition, a Bill relative to the effective enforcement of municipal ordinances and by-laws (Senate, No. 1168); and

By the same Senator, for the same committee, on petition, a Bill relative to municipalities borrowing money for underground utility construction (Senate, No. 1192);

Read and under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to providing capital facility repairs, grants and improvements for the Commonwealth (House, No. 3842),— was referred, in concurrence, to the committee on Bonding, Capital Expenditures and State Assets.

A report of the committee on House Steering, Policy and Scheduling, asking to be discharged from further consideration of the House Bill further regulating enhanced 911 services (House, No. 1415), and recommending that the same be referred to the committee on Telecommunications, Utilities and Energy,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the reference to the joint committee.

Resolutions.

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

Resolutions (filed by Mr. Moore) “on the occasion of the retirement of Superintendent Beverly Brown”;

Resolutions (filed by Mr. Morrissey) “recognizing the Holbrook Rotary Club on the occasion of its fiftieth anniversary and Rotary International on the occasion of its one hundredth anniversary”;

Resolutions (filed by Mr. Pacheco) “congratulating James George Lawrence upon his elevation to the rank of Eagle Scout”; and

Resolutions (filed by Mr. Pacheco) “congratulating Sarah McGrath on the occasion of her one hundredth birthday.”

Order Adopted.

Ms. Wilkerson offered the following order:

Ordered, That, conformably to the provisions of Article XLVIII(48) (as amended by Article LXXXI)(81)) of the Amendments to the Constitution, a joint session of the two Houses be held on Wednesday, May 11, 2005, at one o’clock P.M., for the purpose of considering proposals for amendments to the Constitution.

Insofar as applicable, the special rules of procedure, in effect in the preceding General Court shall govern said joint session, and any further joint sessions called for the purpose of considering amendments to the Constitution.

There being no objection, the rules were suspended, on motion of the same Senator and the order was considered forthwith and adopted.

Sent to the House for concurrence.

Petition.

On motion of Mr. Tolman, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Walsh, (accompanied by bill) of Marian Walsh and Michael F. Rush for legislation relative to the Jim Roche Memorial Rink in West Roxbury,— and the same was referred to the Senate committee on Ethics and Rules.

Sent to the House for concurrence in the suspension of Joint Rule 12.

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 for legislation to require companies that collect personal information to disclose when said data has been compromised.

Senate Rule 36 was suspended, on motion of Mr. Tolman, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Consumer Protection and Professional Licensure.

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 for legislation to permit persons to bring car damage arising from a pothole against the public entity into small claims court.

Senate Rule 36 was suspended, on motion of Mr. Tolman, 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 Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Marian Walsh and John H. Rogers for legislation relative to the housing of sex offenders.

Senate Rule 36 was suspended, on motion of Mr. Tolman, 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.

Severally sent to the House for concurrence.

Orders Adopted.

Mr. Augustus presented the following order, to wit:

Ordered, That the Senate hereby calls for a joint session of the two Houses, conformably to the provisions of Article XLVIII (as amended by Article LXXXI) of the Amendments to the Constitution, to consider a proposal for a legislative amendment to the Constitution to authorize the General Court to provide for absentee voting by any voter (see Senate, No. 2034) with reference to which the committee Election Laws has reported recommending said amendment ought to pass.

There being no objection, the rules were suspended, on motion of Mr. Knapik, and the order was considered forthwith and adopted.

Mr. Moore presented the following order, to wit:

Ordered, That the Senate hereby calls for a joint session of the two Houses, conformably to the provisions of Article XLVIII (as amended by Article LXXXI) of the Amendments to the Constitution, to consider a proposal for a legislative amendment to the Constitution relative to establishing an independent redistricting commission and criteria for redistricting (see Senate, No. 12) with reference to which the committee on Election Laws has reported recommending said amendment ought NOT to pass.

There being no objection, the rules were suspended, on motion of Mr. Knapik, and the order was considered forthwith and adopted.

Recess.

There being no objection, at nine minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at sixteen minutes before twelve o’clock noon, the Senate reassembled, Ms. Wilkerson in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Report of a Committee.

By Ms. Menard, for the Senate committee on Ethics and Rules, on petition, a Bill concerning the Jim Roche Memorial Rink in West Roxbury (Senate, No. 2050).

The bill was read. There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill 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.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 3840) of Bradley H. Jones, Jr., and others relative to the disposition of surplus property owned by the Commonwealth; and

Petition (accompanied by bill, House, No. 3841) of Anne M. Paulsen and Jay R. Kaufman that the Division of Capital Asset Management and Maintenance be authorized to convey a certain parcel of land formerly under the care, custody and control of the Middlesex County Hospital;

Severally, under suspension of Joint Rule 12, to the committee on Bonding, Capital Expenditures and State Assets.

Engrossed Bill.

An engrossed Bill validating the actions taken at an annual town meeting and special town meeting of the town of Rockland (see House Bill printed in House, No. 999) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President (Ms. Wilkerson) and laid before the Governor for his approbation.

Notice was received from the House of Representatives that the House conformably to the provisions of Article XLVIII (as amended by Article LXXXI) of the Amendments to the Constitution has called for a joint session of the two houses, for the purpose of considering the following proposals for legislative amendments to the Constitution:

Proposal for a legislative amendment to the Constitution relative to Constitutional Officers (Senate, No. 8),— with reference to which the committee on Election Laws has reported, in accordance with Joint Rule 23, that the amendment ought NOT to pass; and

Proposal for a legislative amendment to the Constitution relative to a vacancy in the office of Governor or Lieutenant-Governor (House, No. 38),— with reference to which the committee on the Election Laws has reported, in accordance with Joint Rule 23, that the amendment ought NOT to pass.

Order Adopted.

On motion of Mr. Knapik,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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 thirteen minutes before twelve o’clock noon, the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.