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, June 2, 2005.

Met according to adjournment at 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.

Distinguished Guest.

There being no objection, the Chair (Mr. Tolman) handed the gavel to Ms. Menard for the purpose of an introduction. Ms. Menard introduced, seated at the rear of the Chamber, members of the student government from the BMC Durfee High School in Fall River. They were led by their advisor Matt Desmarais.

Report.

A report of the Executive Office of Environmental Affairs (pursuant to Section 20(b) of Chapter 21A of the General Laws) submitting a copy of the fully-executed Environmental Joint Power Agreement for the A-B-C Stormwater Flooding Board as approved by the Secretary of Environmental Affairs (received Tuesday, May 31, 2005),— was placed on file.

Petitions.

Petitions were presented and referred as follows:

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2075) of Bruce E. Tarr and Anthony J. Verga (by vote of the town) for legislation relative to chapter VII of the general by-laws of the town of Essex [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.

By Mr. Rosenberg, a petition (accompanied by bill, Senate, No. 2074) of Stanley C. Rosenberg and Peter V. Kocot (with approval of the mayor and city council) for legislation relative to civil service positions in the police department in the city of Northampton [Local approval received]; and

By Mr. Tisei, a petition (accompanied by bill, Senate, No. 2076) of Richard R. Tisei, Michael E. Festa and Mark V. Falzone (by vote of the town) for legislation to authorize the town of Wakefield to issue pension obligation bonds or notes [Local approval received];
Severally, under Senate Rule 20, to the committee on Public Service.
Severally sent to the House for concurrence.

Mr. Tolman presented a petition (subject to Joint Rule 12) of Steven A. Tolman for legislation relative to controlled-release hydromorphone,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Fargo, for the committee on Public Health, on Senate, No. 1319 and House, No. 1643, a Bill to provide timely access to emergency contraception (Senate, No. 2073);
Read and under Joint Rule 1E, referred to the committee on Heath Care Finance.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill establishing a sick leave bank for Zenaida Correia, an employee of the Trial Court (Senate, No. 2071); and

By the same Senator, for the same committee, on petition, a Bill establishing a sick leave bank for Dawn Heinle-Kimball, an employee of the Trial Court (Senate, No. 2072);

By Mr. Brewer, for the committee on Veterans and Federal Affairs, on petition, a Bill to establish a military service scholarship program (Senate, No. 1985, changed by inserting, in section 1, line 21, after the word “of”, the word “public”); and

By the same Senator, for the same committee, on petition, a Bill creating the military family relief fund (Senate, No. 2009, changed by striking out in section 2, line 28 and in section 3, lines 3, 16 and 18, the words “Adjutant General” and inserting in place thereof, the words “Military Division” and by striking in section 2, line 9 and section 3, line 11, the words “as a result of September 11, 2001 terrorist attacks” and inserting in place thereof the words “in the global war on terrorism and those who provided direct relief for others who were called up to duty in the global war on terrorism”);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committees Discharged.

Mr. Moore, for the committee on Health Care Financing, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 694) of Brian P. Lees, Richard R. Tisei, Bruce E. Tarr, Robert L. Hedlund and other members of the General Court for legislation to provide for reimbursement of human service providers for increases in minimum wage rates,— and recommending that the same be referred to the committee on Elder Affairs.

Mr. Barrios, for the committee on Public Safety and Homeland Security, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1350) of Robert S. Creedon, Jr., Robert J. Nyman and John H. Rogers for legislation relative to automatic amusement devices,— and recommending that the same be referred to the committee on Consumer Protection and Professional Licensure.
Under Senate Rule 36, the reports were considered forthwith and accepted.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4101) of Brian S. Dempsey and others (with the approval of the mayor and city council) relative to a certain precinct for voting in the city of Haverhill;
To the committee on Election Laws.

Petition (accompanied by bill, House, No. 4127) of Anthony Petruccelli (with the approval of the mayor and city council) that the city of Boston be authorized to regulate the rents of certain governmentally-involved housing;
To the committee on Housing.

Petition (accompanied by bill, House, No. 4102) of Robert K. Coughlin (by vote of the town) that the town of Dedham be authorized to transfer certain parcel of land located in said town;

Petition (accompanied by bill, House, No. 4103) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to the charter of the town of Eastham;

Petition (accompanied by bill, House, No. 4104) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to the charter of the town of Truro;

Petition (accompanied by bill, House, No. 4105) of James B. Leary (by vote of the town) for legislation to convey certain open space land in the town of Boylston;

Petition (accompanied by bill, House, No. 4106) of J. James Marzilli, Jr. and others (by vote of the town) relative to establishing a special account in the generated by the sale of the Symmes site in the town of Arlington;

Petition (accompanied by bill, House, No. 4107) of Robert J. Nyman and Michael W. Morrissey (by vote of the town) for legislation to include a capital planning committee in the charter of the town of Rockland;

Petition (accompanied by bill, House, No. 4108) of Robert J. Nyman and Michael W. Morrissey (by vote of the town) relative to the office of town collector in the town of Rockland;

Petition (accompanied by bill, House, No. 4109) of Robert J. Nyman and Michael W. Morrissey (by vote of the town) relative to the appointment of the town administrator of the town of Rockland;

Petition (accompanied by bill, House, No. 4110) of Robert J. Nyman and Michael W. Morrissey (by vote of the town) relative to the finance committee of the town of Rockland; and

Petition (accompanied by bill, House, No. 4111) of Matthew C. Patrick and others (by vote of the town) that the town of Mashpee be authorized to grant a certain easement to the United States Corp of Engineers;

Petition (accompanied by bill, House, No. 4112) of Frank I. Smizik and others (by vote of the town) that the town of Brookline be authorized to increase the expenditure cap on revolving funds established by said town; and

Petition (accompanied by bill, House, No. 4113) of Frank I. Smizik and others (by vote of the town) for legislation to authorize the town of Brookline to lease a certain parcel of land;

Petition (accompanied by bill, House, No. 4114) of Walter F. Timilty and others (by vote of the town) that the town of Milton be authorized to appropriate money for retroactive wage adjustments;

Petition (accompanied by bill, House, No. 4115) of David M. Torrisi and others (by vote of the town) relative to the membership of the board of health of the town of North Andover;

Petition (accompanied by bill, House, No. 4116) of David M. Torrisi and others (by vote of the town) that the town of North Andover be authorized to grant a certain easement to Comcast to be used for utility purposes; and

Petition (accompanied by bill, House, No. 4117) of Joseph F. Wagner and others (with the approval of the mayor and city council) relative to the city solicitor in the city of Chicopee;
Severally to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 4118) of Arthur J. Broadhurst and another (with the approval of the mayor and city council) relative to the certification and appointment of Scott Lemay as a firefighter of the city of Methuen, notwithstanding the maximum age requirement;

Petition (accompanied by bill, House, No. 4119) of Brian S. Dempsey and others (with the approval of the mayor and city council) for legislation to authorize Julio Perez to take the civil service examination for the position of fire fighter in the city of Haverhill, notwithstanding the maximum age requirements; and

Petition (accompanied by bill, House, No. 4120) of Kevin G. Honan (with the approval of the mayor and city council) relative to authorizing the city of Boston to grant disability retirement benefits to Zenaida Flores, a police officer in the city of Boston;

Petition (accompanied by bill, House, No. 4121) of Kevin G. Honan (with approval of the mayor and city council) that the State-Boston Retirement Board be authorized to retire Robert Welby, a police officer in said city;

Petition (accompanied by bill, House, No. 4122) of Frank I. Smizik and others (by vote of the town) that the town of Brookline be authorized to establish a medical expenses trust fund for police officers and fire fighters injured in the line of duty;

Petition (accompanied by bill, House, No. 4123) of Walter F. Timilty and others (with the approval of the mayor and city council) relative to the disability retirement of William I. Griffiths, a police officer in the city of Boston;

Petition (accompanied by bill, House, No. 4124) of Martin J. Walsh (with the approval of the mayor and city council) relative to reduction in rank for members of the fire department in the city of Boston;
Severally to the committee on Public Service.

Petition (accompanied by bill, House, No. 4125) of Anthony J. Verga and Bruce E. Tarr (with the approval of the mayor and city council) relative to real estate tax abatements in city of Gloucester;
To the committee on Revenue.

Petition (accompanied by bill, House, No. 4126) of Robert K. Coughlin (by vote of the town) relative to prohibiting truck traffic on a portion of East Street in the town of Dedham;
To the committee on Transportation.

Resolutions.

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

Resolutions (filed by Ms. Chandler) “honoring Cantor Joseph Gottlieb”;

Resolutions (filed by Ms. Creem, Messrs. Barrios and Brown, Ms. Chandler, Messrs. Havern, Joyce, Lees, Montigny, Nuciforo, O’Leary, Rosenberg and Timilty) “to commemorate the sixtieth anniversary of liberation for local Holocaust Survivors”;

Resolutions (filed by Mr. Lees) “recognizing the two hundredth anniversary of the founding of Monson Academy and commemorating the history of Wilbraham and Monson Academy”; and

Resolutions (filed by Mr. Pacheco) “on the retirement of James H. Santos.”

Communication.

The Clerk read the following communication:

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

May 31, 2005.

Mr. William Welch, Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

On Tuesday May 31, 2005, I was away from the State House due to a scheduling conflict and I was therefore unable to participate in a roll call vote pertaining to enacting the following piece of legislation:

Senate Bill #2050 — An Act Providing for Capital Repairs to the Jim Roche Memorial Rink in West Roxbury. Had I been present, I would have voted in the affirmative.

I am respectfully requesting that a copy of this letter be printed in the Senate Journal as part of the official record for May 31, 2005. Thank you in advance for your assistance in this matter.

Sincerely,
CYNTHIA STONE CREEM,
State Senator,
1st Middlesex and Norfolk.

On motion of Mr. Augustus, the above communication was ordered printed in the Journal of the Senate.

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 Robert A. O’Leary for legislation relative to applications for development along waterfronts.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Community Development and Small Business.

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 Robert A. O’Leary, Richard T. Moore, Scott P. Brown, Andrea F. Nuciforo, Jr. and Edward M. Augustus, Jr. for legislation to establish a marine and inland resource protection trust fund within the Department of Fish and Game.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Environment, Natural Resources and Agriculture.

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 Robert A. O’Leary for legislation to provide fees to licensing authorities for deer tag processing.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Environment, Natural Resources and Agriculture.

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 Robert A. O’Leary for legislation relative to the term of the Cape Cod Mosquito Control Commissioner.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Environment, Natural Resources and Agriculture.

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 Robert A. O’Leary and Eric Turkington for legislation relative to the salaries of the deputy assistant registers of probate in the Barnstable Probate Court.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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 Robert A. O’Leary and Eric Turkington for legislation to authorize the boards of selectmen within the towns of the county of Dukes County to designate members of the advisory board on county expenditures.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.

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 Robert A. O’Leary for legislation to exempt Dukes County from certain contractor certification requirements.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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 and Regulatory Oversight.

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 Robert A. O’Leary for legislation to repeal mooring fee requirements.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.

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 Robert A. O’Leary for legislation relative to tax exemptions for spouses of disabled veterans.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Veterans and Federal Affairs.
Severally sent to the House for concurrence.

Recess.

There being no objection, at sixteen minutes past eleven o’clock A.M., the Chair (Mr. Tolman) declared a recess; and at twenty-two minutes before twelve o’clock noon, the Senate reassembled, Mr. Tolman in the Chair.

PAPER FROM THE HOUSE.

A Bill relative to the stabilization fund of the town of Leicester (House, No. 3847,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

There being no objection, at eighteen minutes before twelve o’clock noon, the Chair (Mr. Tolman) declared a recess; and at two minutes past twelve o’clock noon, the Senate reassembled, Mr. Tolman in the Chair.

Order Adopted.

On motion of Mr. Tisei,—

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 the same Senator, at three minutes past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.