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.

Wednesday, June 9, 2004.

Met at twenty minutes before two o clock P.M.

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

Distinguished Guest.

There being no objection, the President handed the gavel to the Senator from Norfolk, Bristol and Middlesex, Mr. Brown, who introduced, seated in the rear of the Chamber, Beverly Anthes. Beverly won the opportunity to be “Senator for Day”, by being the highest bidder for that item at an auction to benefit the Charles River Association for Retarded Children. Ms. Anthes was a guest of Senator Brown and Senator Panagiotakos.

Communications.

The President in the Chair, a communication from the Health Care Security Trust (under the provisions of Section 4(h) of Chapter 29D of the General Laws) submitting rules and regulations governing retirement of public employees in the Commonwealth (Senate, No. 2378) (received Thursday, June 3, 2004),— was referred to the committee on Health Care.  

A communication from the Public Employee Retirement Commission (under the provisions of Section 50 of Chapter 7 of the General Laws) relative to rules and regulations governing retirement of public employees in Massachusetts (Senate, No. 2379) (received Friday, June 4, 2004),— was referred to the committee on Public Service.
Severally sent to the House for concurrence.  

Reports.

The following reports were severally read and placed on file:

A report of the Massachusetts Life Insurance Community Investment Initiative (pursuant to Section 2(e) of Chapter 259 of the Acts of 1998) submitting its annual report for the year 2003 (received Wednesday, June 2, 2004);

A report of the Barnstable County Register of Deeds (under the provisions of Section 4, subsection 2KKK of Chapter 4 of the Acts of 2003) submitting its plan for an expenditure of funds from the County Registers Technological Fund (received Thursday, June 3, 2004);

A report of the Statewide Telecommunications Board (under the provisions of Section 18B(e) of Chapter 6A of the General Laws) submitting its annual report for calendar year 2003 (received Friday, June 4, 2004);

A report of the Auditor of the Commonwealth (under the provisions of Chapter 126 of the Acts of 1984) relative to the Massachusetts Municipal Medicaid Program (received Tuesday, June 8, 2004); and

A report of the University of Massachusetts Building Authority (under the provisions of Section 6 of Chapter 773 of the Acts of 1960 as amended by Section 6A of Chapter 708 of the Acts of 1983) submitting a copy of its audited financial report for the fiscal year ending June 30, 2003 (received Wednesday, June 2, 2004).

The following reports were severally read and sent to the House for its information:

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 MCI Shirley Medium Security Facility (received Friday, June 4, 2004); and

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 North Central Correctional Institution (received Friday, June 4, 2004).

Petitions.

Petitions were presented and referred as follows:

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2380) of Bruce E. Tarr, Bradford Hill and Barbara A. L’Italien (by vote of the town) for legislation to authorize the town of Boxford to release its interests in the Berry Patch Trail easement (Local approval received];
Under Senate Rule 20, to the committee on State Administration.

By the same Senator, a petition (accompanied by bill, Senate, No. 2381) of Bruce E. Tarr, Bradford Hill and Barbara A. L’Italien (by vote of the town) for legislation to authorize the town of Boxford to provide property tax relief [Local approval received];
Under Senate Rule 20, to the committee on Taxation.
Severally sent to the House for concurrence.  

Mr. Creedon presented a petition (subject to Joint Rule 12) of Robert S. Creedon, Jr. and Thomas P. Kennedy for legislation relative to tax exemptions for veterans,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Creedon, for the committee on the Judiciary, on petition (accompanied by bill, Senate, No. 2173), an Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of a certain Senate document relative to medical assistance (Senate, No. 2370);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.  

By Ms. Resor, for the committee on Natural Resources and Agriculture, on petition, a Bill relative to the Still River Village Wastewater Management District in the town of Harvard (Senate, No. 2339) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

The following report was referred to the committee in Steering and Policy, the time within which the said committee was required to report having expired:—

Of the committee on Commerce and Labor, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 2110) of Pamela P. Resor and Geoffrey D. Hall for legislation to further regulate trade.

Resolutions.

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

Resolutions (filed by Messrs. Lees, Baddour, Brewer and Brown, Ms. Chandler, Messrs. Havern, Hedlund, Knapik and Moore, Ms. Resor, Mrs. Sprague, Messrs. Tarr and Tisei and Ms. Wilkerson) “honoring the passing of President Ronald Reagan with a Day of Remembrance on June 11, 2004”; and

Resolutions (filed by Mr. Morrissey) “on the retirement of Joseph F. Cirigliano.”

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills

Relative to certain proceedings relating to corporations (Senate, No. 950);

Relative to registered land instruments procured by falsification of corporate office-holding (Senate, No. 983);

Allowing the solemnization of marriage by a judicial officer (Senate, No. 1003);

Relative to crimes against the elders and persons with disabilities (Senate, No. 1083);

Relative to assistant assessors in cities and towns (Senate, No. 1179);

Requiring local approval for low level radioactive waste sites (Senate, No. 1264);

Authorizing the Department of Fisheries, Wildlife and Environmental Law Enforcement to issue motor vehicle citations (Senate, No. 1287);

Relative to insurance rates (Senate, No. 2093);

Relative to prepaid legal services (Senate, No. 2285);

Relative to the position of appointed treasurer/collector in the town of Pembroke (Senate, No. 2317);

Relative to consumer and merchant protection (House, No. 492);

Relative to the Greater Lawrence Sanitary District (House, No. 2108);

Providing for an animal control commission in the town of Lancaster (House, No. 3879);

Providing for a certain real property tax exemption in the town of Boxford (House, No. 3908, changed);

Relative to retirement rights of school committee appointees (House, No. 3960);

Authorizing the town of Bellingham to establish a sewer construction capital fund (House, No. 4014);

Eliminating the beautification fund of the town of Braintree (House, No. 4149);

Authorizing the town of Wareham to construct a sewer in certain park land (House, No. 4150);

Relative to the town administrator of the town of West Boylston (House, No. 4230);

Providing for recall elections in the town of Blandford (House, No. 4280);

Authorizing the town of Rockport to borrow a certain amount of money (House, No. 4281);

Designating a certain traffic island in the city of Gloucester as the Paul Bergmann Memorial Traffic Island (House, No., 4284);

Authorizing the town of Edgartown to enter into a certain lease (House, No. 4339); and

Authorizing the town of Marion to develop and maintain a subsidized housing plan for low and moderate income housing (House, No. 4631);
Were severally read a second time and ordered to a third reading.  

The House Bill relative to certain commercial contracts of insurance (House, No. 1700),— was read a second time and ordered to a third reading.
There being no objection, the rules were suspended, on motion of Mr. Berry, and the bill was read a third time and passed to be engrossed, in concurrence.  

The Senate bills

Protecting charities and other organizations from identity theft (Senate, No. 159) (its title having been changed by the committee on Bills in the Third Reading);

Relative to certain benefits for the surviving spouses of certain state police officers (Senate, No. 1406, amended);

Relative to the retirement benefits for certified harbormasters and assistant harbormasters of cities and towns (Senate, No. 1473);

Relative to the Cape Cod Land and Aquifer Protection Fund (Senate, No. 2353);
Were severally read a third time and passed to be engrossed.
Sent to the House for concurrence.  

The Senate reports

Of the committee on Insurance, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 839) of Robert S. Creedon, Jr. for legislation to establish the office of the Commissioner of Insurance as an elected position;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 865) of Linda J. Melconian, Michael F. Kane and Joseph F. Wagner for legislation relative to minimum annuity payments; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 866) of Mark C. Montigny and Therese Murray for legislation to establish solvency requirements for health maintenance organizations;
Were severally considered; and they were accepted.

Mr. Havern in the Chair, the Senate bills

Relative to the disposition of museum property (Senate, No. 244);

Concerning insubstantial, frivolous or bad faith claims in district and municipal court (Senate, No. 947); and

Relative to the First Amendment rights of Judges (Senate, No. 1000);
Were severally read a second time and, after remarks, in each instance, were
severally ordered to a third reading.
 

The Senate Bill to prohibit the use of certain liability waivers as against public policy (Senate, No. 956),— was read a second time.

After remarks, the question on ordering it to a third reading was determined by a call of the yeas and nays, at two minutes past two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 568]:

YEAS.
Antonioni, Robert A. Magnani, David P.
Baddour, Steven A. McGee, Thomas M.
Barrios, Jarrett T. Melconian, Linda J.
Berry, Frederick E. Menard, Joan M.
Brewer, Stephen M. Montigny, Mark C.
Brown, Scott P. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Creedon, Robert S., Jr. Murray, Therese
Creem, Cynthia Stone Nuciforo, Andrea F., Jr.
Fargo, Susan C. O’Leary, Robert A.
Glodis, Guy W. Pacheco, Marc R.
Hart, John A., Jr. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Joyce, Brian A. Shannon, Charles E.
Knapik, Michael R. Sprague, Jo Ann
Lees, Brian P. Tarr, Bruce E.
Tisei, Richard R. Walsh, Marian
Tolman, Steven A. Wilkerson, Dianne — 37.
Tucker, Susan C.  
NAYS — 0.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. Wilkerson, Dianne — 2.

The yeas and nays having been completed at six minutes past two o clock P.M., the bill was ordered to a third reading.  

Bills

Relative to the appointment of guardians of minors in the district and juvenile court departments (Senate, No. 1023);

Authorizing Martha’s Vineyard affordable housing covenants (House, No. 1510);

Relative to parking violations in the town of Provincetown (House, No. 3841); and

Providing that certain employees of the Taunton Municipal Lighting Plant of the city of Taunton be under the civil service law (House, No. 4185);
Were severally read a second time and ordered to a third reading.  

The Senate Bill relative to motor vehicle homicide (Senate, No. 2322),— was read a second time. After remarks, the question on ordering it to a third reading was determined by a call of the yeas and nays, at fourteen minutes past two o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas — 38 nays 0) [Yeas and Nays No. 569]:

YEAS.
Antonioni, Robert A. Melconian, Linda J.
Baddour, Steven A. Menard, Joan M.
Barrios, Jarrett T. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Tucker, Susan C.
Magnani, David P. Walsh, Marian
McGee, Thomas M. Wilkerson, Dianne — 38.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at seventeen minutes past two o’clock P.M., the bill was ordered to a third reading.  

The Senate bills

Relative to the shellfish wardens training program (Senate, No. 1238); and

Authorizing cities, towns and regional districts to send certain information to registered voters (Senate, No. 2221);
Were severally read a third time and, after remarks, were severally passed to be engrossed.
Severally sent to the House for concurrence.  

The Senate Bill relative to attorney’s lien for fees (Senate, No. 1999),— was read a third time.

Pending the question on passing the bill to be engrossed, Ms. Creem moved that the bill be amended by substituting a new draft with the same title (Senate, No. 2384).
After remarks, this amendment was adopted.
The bill (Senate, No. 2384) was then passed to be engrossed.
Sent to the House for concurrence.  

The Senate Bill authorizing the warrantless arrest for reckless or negligent vehicular homicide and reckless or negligent operation (Senate, No. 2286),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Brewer moved that the bill be amended by striking out section 2 and inserting in place thereof the following section:—

“SECTION 2. Section 21 of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word ‘person’, in line 34, the following words:— , or whoever operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered in violation of paragraph (a) of subdivision (2) of section 24, or whoever commits motor vehicle homicide in violation of subsection (a) or (b) of section 24G.”

After remarks, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-eight minutes past two o’clock P.M., on motion of Mr. Brewer, as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 570]:

YEAS.
Antonioni, Robert A. Melconian, Linda J.
Baddour, Steven A. Menard, Joan M.
Barrios, Jarrett T. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Tucker, Susan C.
Magnani, David P. Walsh, Marian
McGee, Thomas M. Wilkerson, Dianne — 38.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at twenty-eight minutes before three o’clock P.M., the amendment was adopted.
The bill (Senate, No. 2286, amended) was then passed to be engrossed.
Sent to the House for concurrence.
 

The Senate bills

Protecting consumers from unsolicited loans (Senate, No. 9, amended); and

Relative to the licensure and accreditation of health plans (Senate, No. 2340);
Were severally read a third time and passed to be engrossed.
Sent to the House for concurrence.  

The Senate Bill establishing standards for consumer credit counseling (Senate, No. 2266, amended) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Nuciforo moved that the bill be further amended in Section 1, in section 2 of the proposed chapter 255, by inserting after the words “a corporation organized under the laws of the commonwealth”, the following words:— “; but, if the corporation is not a nonprofit charitable corporation or a corporation that is recognized by the Internal Revenue Service as exempt from federal income tax, the corporation shall include a statement on all written materials provided to consumers that the corporation is operated for profit”.

The amendment was adopted.

Mr. Nuciforo moved that the bill be further amended in Section 1, in section 2 of the proposed chapter 255, by striking out the second paragraph and inserting in place thereof the following paragraph:—

“No person, other than an attorney or a nonprofit charitable corporation organized under chapter 180 of the General Laws, shall enter into a debt management plan with a client. Each such corporation shall comply with section 8F of chapter 12.”; and said Section 1, in section 3 of the proposed chapter 255F, by striking out clause (b) and inserting in place thereof the following clause:—

“(b) The certificates and reports filed with the state secretary as required in section 4 of chapter 181 of the General Laws;”.

The amendment was rejected.

Mr. Shannon moved that the bill be further amended in Section 1, in the proposed chapter 255F, by adding the following section:—

“Section 15. No company licensed in the commonwealth to sell auto or homeowner’s insurance shall use a consumer’s credit score or other numerical credit rating when deciding whether to offer, provide, renew or cancel insurance or when determining or proposing the amounts of the rates or premiums to charge an applicant or insured and no personal credit information stemming from a failure to pay an outstanding bill shall be reported to a credit reporting agency for a 2-year period in cases of personal bankruptcy or financial hardship, and for a 3-year period in cases of medical hardship.”

The amendment was rejected.
The bill (Senate, No 2266, amended) was then passed to be engrossed.
Sent to the House for concurrence.  

The Senate Bill further regulating home improvement contractors (Senate, No. 2352),— was read a third time.

Pending the question on passing the bill to be engrossed, on motion of Mr. Lees, the further consideration thereof was postponed until the next session.  

The Senate Bill relative to the operation of low-speed vehicles (Senate, No. 2354),— was read a third time, the main question being on passing the bill to be engrossed.

Mr. Nuciforo presented an amendment in section 3, in the proposed section 1E of chapter 90, in the first paragraph, by striking out the last sentence and inserting in place thereof the following sentence:— “a low-speed motor vehicle may be operated on a public way only by a person who is in possession of a valid driver’s license and who is an authorized law enforcement, public safety or public works personnel, in an official capacity, or personnel of an educational or arts institution or other non-profit institution; provided, however, that this section shall not prohibit the use of low-speed motor vehicles on private property or for incidental crossing of a road, street or intersection where the road or street has a posted speed limit of not more than 30 miles per hour, unless otherwise prohibited by a municipal police department or by law.”
Pending the question on adoption of the amendment, and pending the main question on passing the bill to be engrossed, on motion of Mr. Lees, the further consideration thereof was postponed until Wednesday, June 23, 2004.  

The House Bill relative to the dissemination of criminal offender record information to the operators of camps for children (House, No. 4610),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Nuciforo moved that the bill be amended by inserting before the enacting clause the following emergency preamble:—

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to regulate further the dissemination of certain criminal offender record information, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
After remarks, the amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with amendment.
Sent to the House for concurrence in the amendment.
 

The Senate report of the committee on Insurance, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 912) of John Hayes, Steven A. Tolman, Susan C. Fargo, John A. Hart, Jr. and other members of the General Court for legislation to establish a choice/no-fault bodily injury system in automobile insurance,— was considered, the question being on accepting the report.
On motion of Mr. Tolman, the further consideration thereof was postponed until the next session.  

The Senate report of the committee on Transportation ought NOT to pass, on the recommitted petition (accompanied by bill, Senate, No. 1882) of Cheryl A. Jacques, Patricia A. Walrath, Guy W. Glodis, Bradley H. Jones, Jr. and other members of the General Court for legislation to allow certain cities and towns to join regional transit authorities,— was considered, the question being on accepting the report.
On motion of Mr. Magnani, the petition was recommitted to the committee on Transportation.  

The Senate Bill relative to the worker’s compensation exclusive remedy (Senate, No. 72, amended),— was considered, the question being on passing it to be engrossed.
The President in the Chair, on motion of Mr. Hart, the further consideration thereof was postponed until the next session.  

The Senate Bill further regulating the sale and distribution of bottled water and certain other nonalcoholic beverages (Senate, No. 2162),— was considered; and it was passed to be engrossed.
Sent to the House for concurrence.  

The Senate Bill relative to the regulation of motor vehicle livery services and the licensing of livery operators (Senate, No. 1375),— was considered, the main question being on ordering it to a third reading.
On motion of Mr. Lees, the further consideration thereof was postponed until Wednesday, July 7, 2004.  

The Senate till relative to the modification of the helmet law (Senate, No. 1363),— was considered, the question being on ordering it to a third reading.

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

“The first paragraph of section 7 of chapter 90 of the General Laws is hereby amended by inserting after the words ‘public parade’, inserted by chapter 24 of the acts of 2004, the following words:— or funeral procession.”

After remarks, the amendment was adopted.

Messrs. Moore and Brewer moved that the bill be further amended by adding at the end thereof the text of Senate document numbered 2385.

At the request of Senators Moore and Lees, the bill was laid over under the provisions of Senate Rule 31, with the amendment pending.

Subsequently, Mr. Morrissey moved that the Senate reconsider the vote by which the Senate had adopted the amendment previously moved by Mr. Shannon.
The question on reconsideration of the amendment was laid over until the next session.  

The House Bill relative to campaign finance (House, No. 1268, changed),— was considered, the main question being on ordering it to a third reading.
On motion of Mr. Lees, the further consideration thereof was postponed until Wednesday, June 16, 2004.  

The House Bill relative to liquor legal liability insurance (House, No. 1881),— was read a third time and passed to be engrossed, in concurrence.

Ms. Menard in the Chair, the Senate Bill authorizing the acquisition and conveyance of certain parcels of land in Bourne (Senate, No. 2377),— was read a third time.

After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at twenty-four minutes past four o’clock P.M., on motion of Ms. Murray, as follows, to wit (yeas 34 — nays 2) [Yeas and Nays No. 581]:

YEAS.
Antonioni, Robert A. McGee, Thomas M.
Baddour, Steven A. Melconian, Linda J.
Barrios, Jarrett T. Moore, Richard T.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Brown, Scott P. Nuciforo, Andrea F., Jr.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Panagiotakos, Steven C.
Creem, Cynthia Stone Resor, Pamela
Glodis, Guy W. Shannon, Charles E.
Hart, John A., Jr. Sprague, Jo Ann
Havern, Robert A. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
Lees, Brian P. Walsh, Marian
Magnani, David P. Wilkerson, Dianne — 34.
NAYS.
Menard, Joan M. Montigny, Mark C. — 2.
PAIRED.
YEA. NAY.
Susan C. Fargo Marc R. Pacheco (present) — 2.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at twenty-eight minutes past four o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Message from the Governor — Disapproval and Reductions in Supplemental Appropriation Bill.

The President in the Chair, a message from His Excellency the Governor, returning, with his disapproval of certain items and sections and parts of certain items, and reductions in certain items 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 House, No. 4330), which on Wednesday, November 19, 2003, had been laid before the Governor for his approbation,— came from the House, in part, several items and sections having been passed by the House notwithstanding the reduction or disapproval of the Governor.

The message (House, No. 4365) was read; and the Senate proceeded to reconsider several items, which had been reduced or disapproved in accordance with the provisions of the Constitution.

Section 16 (Attorney Consent on New Assignment) was considered as follows:

“SECTION 16. Section 65 of chapter 30 of the General Laws, added by section 173 of said chapter 26, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:—

(c) Instead of making the certificate under clause (1), of subsection (a), the governor’s chief legal counsel may, upon written request, by the head of any department, agency, board or commission, with the written approval of the head thereof and with the voluntary written consent of the attorney, provide specific legal services for the requesting department, agency, board or commission for a period not exceeding 3 months but subject to renewal with the voluntary written consent of the attorney. Such an assignment shall be subject to any applicable collective bargaining agreement. The certification required of the comptroller by the fourth paragraph of section 31 of chapter 29 shall not be required in instances of such an assignment by the governor’s chief legal counsel.”

[The Governor disapproved this section.]

After debate, the question on passing Section 16, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at four minutes past three o’clock P.M., as follows, to wit (yeas 33 — nays 5) [Yeas and Nays No. 571]:

YEAS.
Antonioni, Robert A. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
Barrios, Jarrett T. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Nuciforo, Andrea F., Jr.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Resor, Pamela
Glodis, Guy W. Shannon, Charles E.
Hart, John A., Jr. Tarr, Bruce E.
Havern, Robert A. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Magnani, David P. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 33.
Menard, Joan M.  
NAYS.
Brown, Scott P. Lees, Brian P.
Hedlund, Robert L. Sprague, Jo Ann — 5.
Knapik, Michael R.  
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at seven minutes past three o’clock P.M., Section 16A stands, in concurrence, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.  

Section 49 (Payroll deductions clarifying language) was considered as follows:

“SECTION 49. The first paragraph of section 17J of chapter 180 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the first sentence the following 3, sentences:— Deductions in an amount determined by the employee and in compliance with applicable law may also be made for any committee on political education designated by the employee pursuant to this section. The approval of the comptroller shall not be required for such deductions. All deductions pursuant to this section shall be made without charge to any person or entity.”

[The Governor disapproved this section.]

The question on passing Section 49, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at eight minutes past three o’clock P.M., as follows, to wit (yeas 37 — nays 1) [Yeas and Nays No. 572]:

YEAS.
Antonioni, Robert A. Melconian, Linda J.
Baddour, Steven A. Menard, Joan M.
Barrios, Jarrett T. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Tucker, Susan C.
Magnani, David P. Walsh, Marian
McGee, Thomas M. Wilkerson, Dianne — 38.
NAYS.
Sprague, Jo Ann — 1.  
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at eleven minutes past three o’clock P.M., Section 49 stands, in concurrence, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.  

Section 120 (Island Health Plan of Martha’s Vineyard) was considered as follows:

“SECTION 120. Notwithstanding any general or special law, rule or regulation to the contrary, the division of medical assistance may, on a demonstration basis in the area defined and limited under the federally funded DOHHS URSA CAP Grant 11-G92-OA 00005-02, provide benefits described in section 9C of chapter 118E of the General Laws to employees and employers who are described and limited under the terms of the program set forth in the demonstration, and may expend monies from any appropriation for benefits provided under said section 9C of said chapter 118E to also provide benefits specified in the demonstration expanding the income limits set forth in said section 9C of said chapter 118E from 200 per cent to 300 per cent of the federal poverty level if (1) the division seeks to obtain a modification of its demonstration, as defined in subsection (1) of section 9A of said chapter 118E that would allow for federal reimbursement for any of the expenditures for providing the benefits specified in the demonstration; and (2) the demonstration, without expenditure of monies from any appropriation for benefits, provided under said section 9C of said chapter 118E, also be permitted to offer health coverage to employees between 300 per cent and 400 percent of the federal poverty level. Sections 3 to 8, inclusive, of chapter 176J of the General Laws and 211 CMR 66.00 shall not apply to health coverage provided by carriers pursuant to this section.”

[The Governor disapproved this section.]

After remarks, the question on passing Section 49, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at thirteen minutes past three o’clock P.M., as follows, to wit (yeas 32 — nays 6) [Yeas and Nays No. 573]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Barrios, Jarrett T. Moore, Richard T.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Magnani, David P. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 32.
NAYS.
Brown, Scott P. Lees, Brian P.
Hedlund, Robert L. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.— 6.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

Ms. Menard in the Chair, the yeas and nays having been completed at seventeen minutes past three o’clock P.M., Section 120, stands, in concurrence, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.  

Engrossed Bills Returned by Governor

With His Objections Thereto.

The engrossed Bill authorizing the town of Salisbury to make an appeal to the Appellate Tax Board (see House, No. 4296), which, on Thursday, March 25, 2004, had been laid before His Excellency the Governor for his approbation,— came from the House the same having been returned by His Excellency the Governor, with his objections thereto in writing [for message, see House, No. 4644] and having passed that branch, notwithstanding said objections.

The message (House, No. 4644) was read; and the Senate proceeded to reconsider the bill, in accordance with the provisions of the Constitution.

After remarks, the question on passing the bill, in concurrence, the objections of His Excellency Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at eighteen minutes past three o’clock P.M., as follows, to wit (yeas 32 — nays 6) [Yeas and Nays No. 574]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Barrios, Jarrett T. Moore, Richard T.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Tarr, Bruce E.
Joyce, Brian A. Tolman, Steven A.
Magnani, David P. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 32.
NAYS.
Brown, Scott P. Lees, Brian P.
Hedlund, Robert L. Sprague, Jo Ann
Knapik, Michael R. Tisei, Richard R. — 6.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.  

The yeas and nays having been completed at twenty-two minutes past three o’clock P.M., the bill was passed by Senate, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present having approved the same.  

The engrossed Bill relative to criminal offender record information checks for assisted living employees (see House, No. 4390, amended), which, on Thursday, April 15, 2004, had been laid before His Excellency the Governor for his approbation,— came from the House the same having been returned by His Excellency the Governor, with his objections thereto in writing [for message, see House, No. 4694] and having passed that branch, notwithstanding said objections.

The message (House, No. 4694) was read; and the Senate proceeded to reconsider the bill, in accordance with the provisions of the Constitution.
During consideration, after debate, Ms. Creem moved that the matter be laid upon the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed without question until the next session.  

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the town of Southwick to grant an easement to Carol K. Collins (see Senate, No. 1940) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at a half past three o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 575]:

YEAS.
Antonioni, Robert A. Melconian, Linda J.
Baddour, Steven A. Menard, Joan M.
Barrios, Jarrett T. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Tucker, Susan C.
Magnani, David P. Walsh, Marian
McGee, Thomas M. Wilkerson, Dianne — 38.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at twenty-seven minutes before four o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President (Ms. Menard, having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) and laid before the Governor for his approbation.  

An engrossed Bill authorizing the town of Braintree to transfer a certain parcel of town park land (see House, No. 4129) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be re-enacted was determined by a call of the yeas and nays, at twenty-six minutes before four o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 576]:

YEAS.
Antonioni, Robert A. Melconian, Linda J.
Baddour, Steven A. Menard, Joan M.
Barrios, Jarrett T. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Tucker, Susan C.
Magnani, David P. Walsh, Marian
McGee, Thomas M. Wilkerson, Dianne — 38.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at twenty-three minutes before four o’clock P.M., the bill was passed to be re-enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and again laid before the Governor for his approbation.  

Emergency Preamble Adopted.

An engrossed Bill providing for the annual observance of Guardians’ Day (see House, No. 4482, 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 9 to 0.
The bill was signed by the Acting President and sent to the House for enactment.  

PAPERS FROM THE HOUSE.

A Bill relative to the Charter of the town of Andover (House, No. 3887, changed,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Tucker, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act amending the charter of the town of Andover.”.  

A Bill authorizing the town of Greenfield to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 4743,— on House, No. 4695),— was read.

There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the town of Greenfield to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises.”  

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Bill releasing certain land located in the town of Danvers from the operation of an agricultural preservation restriction (House, No. 1594),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2382; and by striking out the title and inserting in place thereof the following title: “An Act relative to agricultural land at Danvers State Hospital.”.
There being no objection, the rules were suspended, on motion of Mr. Berry, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. 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.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land to the town of Webster (House, No. 4711),— ought to pass, with an amendment in section 1, by striking out, in the first sentence, the words “approved as to form by the attorney general”.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. 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.  

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land to the town of Whitman (House, No. 4688),— ought to pass, with an amendment in section 1, by striking out, in lines 6 and 7, the following words:— “approved as to form by the attorney general”; by striking out section 3; and by 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 forthwith authorize the conveyance of certain land in the town of Whitman, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.

There being no objection, the rules were suspended, on motion of Mr. Creedon, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. 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.  

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate), having been certified by the Senate 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:

Directing the retirement board of the city of Quincy to grant creditable service to James J. Dentremont (see Senate, No. 1933);

Authorizing the city of Revere to reduce water and sewer fee liability in exchange for volunteer services by persons over age 60 (see Senate, No, 2223);

Relative to certain retirements in the city of Holyoke (see House, No. 4391);

Relative to the establishment of the position of director of finance in the city of Revere (see House, No. 4508); and

Providing that Emil DeFusco may continue employment with the police department of the city of Lawrence (see House, No. 4682).

Order — Amended.

The following House order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows.

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Government Regulations shall be granted until Wednesday, July 28, 2004 within which to report on House document numbered 25, “An Act to provide greater consumer powers to the boards within the Division of Professional Licensure.”

Pending the question on adoption of the order, Mr. Morrissey presented an amendment striking out the words “Wednesday, July 28, 2004” and inserting in place thereof the words “Thursday, July 1, 2004”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence in the amendment.

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 Cynthia S. Creem for legislation relative to the corporate excise tax.
Senate Rule 36 was suspended, on motion of Ms. Creem, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4826) of Michael F. Rush and other members of the General Court relative to employees of secondary schools operated by religious societies;
Under suspension of Joint Rule 12, to the committee on Commerce and Labor.

Petition (accompanied by bill, House, No. 4827) of Ronald Mariano and Guy W. Glodis for legislation to establish a motor vehicle protection product law to be administered by the Division of Insurance;
Under suspension of Joint Rule 12, to the committee on Insurance.

Petition (accompanied by bill, House, No. 4828) of Martin J. Walsh and other members of the General Court for an appropriation of a certain sum of money to fund a collective bargaining agreement for employees of the University of Massachusetts;
Under suspension of Joint Rule 12, to the committee on Public Service.

Petition (accompanied by bill, House, No. 4829) of Lewis G. Evangelidis that the Division of Capital Asset Management and Maintenance by authorized to convey a certain parcel of land in the town of Holden to John P. Foley and Janet Foley;
Under suspension of Joint Rule 12, to the committee on State Administration.

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the town of Sandwich to grant conservation restrictions on certain parcels of land in the town of Sandwich (see House, No. 4597) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution,, the question on passing it to be enacted was determined by a call of the yeas and nays, at nine minutes before four o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 577]:

YEAS.
Antonioni, Robert A. Melconian, Linda J.
Baddour, Steven A. Menard, Joan M.
Barrios, Jarrett T. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Chandler, Harriette L. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Tucker, Susan C.
Magnani, David P. Walsh, Marian
McGee, Thomas M. Wilkerson, Dianne — 38.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at three minutes before four o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Governor for his approbation.

An engrossed Bill authorizing certain utility rights-of-way in the town of Tewksbury (see Senate, No. 2070) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at two minutes before four o’clock P.M., as follows, to wit (yeas 35 — nays 1) [Yeas and Nays No. 578]:

YEAS.
Antonioni, Robert A. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
Barrios, Jarrett T. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Nuciforo, Andrea F., Jr.
Brown, Scott P. O’Leary, Robert A.
Chandler, Harriette L. Panagiotakos, Steven C.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Resor, Pamela
Glodis, Guy W. Shannon, Charles E.
Hart, John A., Jr. Sprague, Jo Ann
Havern, Robert A. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 35.
Menard, Joan M.  
NAYS.
Lees, Brian P.— 1.
PAIRED.
YEA. NAY.
Susan C. Fargo David P. Magnani (present) — 2.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at two minutes past four o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Governor for his approbation.

An engrossed Bill merging the South Sagamore water district with the Bourne water district (see Senate, No. 2226, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at three minutes past four o’clock P.M., as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 579]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Barrios, Jarrett T. Moore, Richard T.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Brown, Scott P. Nuciforo, Andrea F., Jr.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Panagiotakos, Steven C.
Creem, Cynthia Stone Pacheco, Marc R.
Glodis, Guy W. Resor, Pamela
Hart, John A., Jr. Shannon, Charles E.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 36.
PAIRED.
YEA. NAY.
Susan C. Fargo David P. Magnani (present) — 2.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at seven minutes past four o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Governor for his approbation.

Engrossed Bill — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the town of Harvard to convey certain park land (see House, No. 3999) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at eight minutes past four o’clock P.M., as follows, to wit (yeas 35 — nays 1) [Yeas and Nays No. 580]:

YEAS.
Antonioni, Robert A. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
Barrios, Jarrett T. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Nuciforo, Andrea F., Jr.
Brown, Scott P. O’Leary, Robert A.
Chandler, Harriette L. Panagiotakos, Steven C.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Resor, Pamela
Glodis, Guy W. Shannon, Charles E.
Hart, John A., Jr. Sprague, Jo Ann
Havern, Robert A. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 35.
Menard, Joan M.  
NAYS.
Lees, Brian P.— 1.
PAIRED.
YEA. NAY.
Susan C. Fargo David P. Magnani (present) — 2.
ABSENT OR NOT VOTING.
Rosenberg, Stanley C. — 1.

The yeas and nays having been completed at eleven minutes past four o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Pacheco,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of former President Ronald Reagan.

The Senator from Hampden and Hampshire, Mr. Lees, moved that when the Senate adjourns today, it adjourn in memory of former President Ronald Reagan, the 40th President of the United States who died on June 5, 2004 at the age of 93. President Reagan, a former two-term governor of California, who also served two terms as President of the United States, was the oldest man to assume the Office of the President, one month shy of his 70th birthday. President Reagan was instrumental for ending the Cold War with the Soviet Union.

Accordingly, as a mark of respect to the memory of President Ronald Reagan at twenty-nine minutes before five o’clock P.M., on motion of Ms. Walsh, the Senate adjourned to meet again tomorrow at eleven o’clock A.M.