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.


Seal of the
Commonwealth of Massachusetts


Tuesday, May 11, 2004.

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


A 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, May 7, 2004),— was placed on file.

Papers from the House.


Relative to parking violations in the town of Provincetown (House, No. 3841,— on petition) [Local approval received];

Authorizing the town of Wareham to construct a sewer in certain park land (House, No. 4150,— on petition) [Local approval received];

Providing that certain employees of the Taunton Municipal Lighting Plant of the city of Taunton be under the civil service law (House, No. 4185,— on petition) [Local approval received];

Authorizing the town of Rockport to borrow a certain amount of money (House, No. 4281,— on petition) [Local approval received]; and

Relative to the Department of Inspectional Services in the city of Lynn (House, No. 4509,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 House bills

Validating the acts and proceedings at a certain town caucus in the town of Westhampton (House, No. 1712); and

Relative to the use of retired police officers by the town of Grafton (House, No. 3936);
Were severally read a third tine and passed to be engrossed, in concurrence.

Papers from the House.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Govemor, returning with recommendation of amendment the engrossed Bill authorizing the town of Braintree to transfer a certain parcel of town park land (see House, No. 4129) [for message, see House, No. 4300] was filed in the office of the Clerk of the House on Thursday, October 30, 2003 came from the House with endorsement that the House refused to amend the bill.

The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
There being no amendment offered, the bill was returned to the House to be again enacted.

A Bill assisting elders and the disabled in accessing transitional assistance program Medicare drug benefits (House, No. 4714,— on House, No. 4712),— was read.

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

Mr. Moore offered an amendment, striking out all after the enacting clause and inserting in place thereof the following text:—

“SECTION 1. Subsection (b) of section 39 of chapter 19A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following sentence:—

The program may apply on behalf of enrollees to obtain Transitional Assistance Program Medicare drug benefits pursuant to 42 U.S.C. sections 1395 et seq., but the program shall permit enrollees to decline before enrollment with a discount drug card sponsor; and the program shall not reduce a person’s prescription drug benefit under this section.

SECTION 2. The secretary of elder affairs, in collaboration with the secretary of health and human services, shall analyze the federal Medicare Prescription Drug, Improvement and Moderaization Act of 2003, and submit a report with recommendations to the house and senate committees on ways and means and the joint committee on health care no later than September 1, 2004, on the following: (a) whether the commonwealth would be required to discontinue the Prescription Advantage program as a result of the enactment of this federal legislation; (b) whether the commonwealth should develop and request a waiver for a new program of outpatient drug assistance that combines features of the Medicare Part D benefit and Prescription Advantage; (c) how the state is spending any savings from the Transitional Assistance Program Medicare drug benefit, and (d) what legislative modifications the governor should request that Congress make in order to improve the Medicare Part D prescription drug benefit. The report shall also include, but not be limited to, an analysis of the number of persons who are eligible for benefits under Prescription Advantage who will not be eligible for Medicare Part D coverage and reasons therefor; a detailed summary of the additional costs that may be imposed on persons who are eligible for benefits under Prescription Advantage by the enactment of Medicare Part D legislation that were not previously imposed under Prescription Advantage; a list of the benefits that seniors and other Prescription Advantage members may lose under Medicare Part D coverage; a cost benefit analysis of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 for the commonwealth; and a detailed recommendation on implementing this legislation, including, but not limited to, funding sources and a schedule of implementation. The secretary of health and human services shall provide to the joint committee on health care no later than September 1, 2004, an informational chart suitable for public posting and distribution setting forth: (1) the eligibility requirements for prescription drug benefits under Medicare Part D, (2) the benefits available under Medicare Part D to eligible persons, with separate descriptions for each eligibility or benefits group or population so that residents will be able to determine the actual benefits for which they would be entitled, and (3) the additional benefits that would be available to an eligible person under Prescription Advantage that will not be available under Medicare Part D.”
The amendment was adopted.
The bill, as amended, was then 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.


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

Paper from the House.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to medicare drug benefits (see House, No. 4714, 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 2 to 0.

The bill was signed by the Acting President and sent to the House for enactment.

Subsequently, 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 Acting President and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in full formal session.

On motion of Mr. Hedlund, at twenty-seven minutes before two o’clock P.M., the Senate adjourned to meet on the following Thursday at one o’clock P.M.