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 9, 2005.

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

Distinguished Guests.

There being no objection, the Chair (Mr. Hart) introduced, seated in the Senate Gallery, the third grade class from Saint Brigid School in South Boston. The class was accompanied by teachers Mrs. Murphy and Mrs. Folkes. They were the guests of Senator Hart.

There being no objection, the Chair (Mr. Hart) handed the gavel to Mr. Berry for the purpose of introducing, seated in the rear of the Chamber, employees from Eastman Gelatin Corporation in Peabody. The company was here celebrating its seventy-fifth year of doing business in Peabody.

There being no objection, the Chair (Mr. Hart) handed the gavel to Ms. Chandler for the purpose of introducing, seated in the rear of the Chamber, members of the Worcester area Board of Realtors.

There being no objection, the Chair (Mr. Hart) handed the gavel to Mr. Knapik for the purpose of introducing, seated in the Senate Gallery, Mr. Benjamin Scranton and other members of the Greater Springfield Board of Realtors.

Petitions.

Mr. Hart in the Chair, a petition (having been deposited in the office of the Clerk of the Senate in the afternoon of Wednesday, December 1, 2004, and having been transmitted to the Secretary of the Commonwealth under the provisions of Section 5 of Chapter 3 of the General Laws, and returned by him with memoranda relative thereto) was referred as follows, to wit:

Petition (accompanied by bill, Senate, No. 2082) of Michael R. Knapik and Michael F. Kane for legislation to restrict the authority of the Holyoke Power and Electric Company and the Holyoke Water Power Company;
To the committee on Telecommunications, Utilities and Energy.
Sent to the House for concurrence.

Petitions were presented and referred as follows:

By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2084) of Marc R. Pacheco, James H. Fagan, Stephen R. Canessa and Patricia A. Haddad (with approval of the mayor and city council) for legislation relative to drag racing in the city of Taunton [Local approval received];
Under Senate Rule 20, to the committee on Public Safety and Homeland Security.

By Mr. Brewer, a petition (accompanied by bill, Senate, No. 2083) of Stephen M. Brewer and Brian Knuuttila (by vote of the town) for legislation to exempt the position of police chief in the town of Winchendon from the civil service law [Local approval received];
Under Senate Rule 20, to the committee on Public Service.
Severally sent to the House for concurrence.

Reports of a Committee.

By Mr. Moore, for the committee on Health Care Financing, on petition, a Bill to establish the Massachusetts Nursing and Allied Health Workforce Development Trust Fund (Senate, No. 737);
Read and, under Rule 26, referred to the committee on Ethics and Rules.

By Mr. Moore, for the committee on Health Care Financing, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 719) of Richard T. Moore, Karyn E. Polito, Edward G. Connolly, Eugene L. O’Flaherty and other members of the General Court for legislation relative to the establishment of a retained revenue account for the end of life commission;
Referred, under Senate Rule 36, to the committee on Ethics and Rules.

Committee Discharged.

Ms. Tucker, for the committee on Elder Affairs, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 408) of Richard T. Moore, Scott P. Brown, Shirley Gomes, Edward G. Connolly and other members of the General Court for legislation to establish collaborative drug therapy management to improve pharmaceutical care for patients in Massachusetts,— and recommending that the same be referred to the committee on Health Care Financing.

Mr. Moore, for the committee on Health Care Financing, re-ported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 759) of Dianne Wilkerson and Cory Atkins for legislation relative to coverage for asthma education and training,— and recommending that the same be referred to the committee on Financial Services.

Mr. Joyce, for the committee on Housing, reported, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 804) of Robert A. O’Leary and Eric Turkington (by vote of the town) for legislation to impose a tax on new residential construction for the benefit of community housing;

Of the petition (accompanied by bill, Senate, No. 806) of Robert A. O’Leary and Eric T. Turkington for legislation to amend the Nantucket Islands Land Bank Act to allow for additional transfer fee exemption; and

Of the petition (accompanied by bill, Senate, No. 814) of Richard R. Tisei, Brian P. Lees, Michael R. Knapik, Bruce E. Tarr and other members of the General Court for legislation to encourage deleading of residential units;

And recommending that the same severally be referred to the committee on Revenue.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor recommending legislation relative to certain capital spending authorizations (House, No. 4129);
To the committee on Bonding, Capital Expenditures and State Assets.

Message from His Excellency the Governor recommending legislation relative to assuring financial transparency in the approval of municipal collective bargaining agreements (House, No. 4047);
To the committee on Public Service.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4154) of Cleon H. Turner (by vote of the town) that the town of Dennis be authorized to establish a beach capital improvement fund;
To the committee on Environment, Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 4155) of Robert A. DeLeo and Robert E. Travaglini (by vote of the town) relative to exempting certain positions in the town of Winthrop from provisions of the civil service law;
To the committee on Public Service.

A Bill establishing a sick leave bank for Thomas Kellner, an employee of the Department of Highways (House, No. 3845,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Resolutions.

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

Resolutions (filed by Mr. Brewer) “in recognition of the centennial celebration of the Paige Memorial Library”;
Resolutions (filed by Mr. Havern) “on the one hundredth anniversary of the St. Brendan Society”;
Resolutions (filed by Mr. Joyce) “congratulating Chief Peter S. Bright (Retired)”;
Resolutions (filed by Mr. Joyce) “congratulating Captain Thomas P. Lyman of the Canton Fire Department”;
Resolutions (filed by Mr. Joyce) “on the dedication of the main sanctuary of Temple Beth Am to Gerry and Dottie Rosenberg”;
Resolutions (filed by Mr. Joyce) “congratulating Paul F. Torney”;
Resolutions (filed by Mr. McGee) “in honor of the two hundredth anniversary of Mount Carmel Lodge of the Most Ancient and Honorable Society of Free and Accepted Masons”;
Resolutions (filed by Mr. Moore) “congratulating Petty Officer First Class Joseph ‘Jay’ Gatto”;
Resolutions (filed by Mr. Morrissey) “congratulating Reverend Vincent P. Doolan of the twenty-fifth anniversary of his ordination”;
Resolutions (filed by Ms. Murray and Mr. O’Leary) “honoring Paul Rumul for his commitment and dedication to the Cape Cod Chamber of Commerce”;
Resolutions (filed by Ms. Resor) “honoring Dr. Stephen Paul Dlott”;
Resolutions (filed by Ms. Spilka) “congratulating the town of Framingham on the creation of Spring Into Arts!”; and
Resolutions (filed by Mr. Travaglini) “honoring former Boston Mayor Kevin H. White on his many accomplishments.”

Communication.

The Clerk read the following communication:

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

Tuesday, June 7, 2005.

William F. Welch
Clerk of the Senate
Room 335, State House
Boston, MA 02133

Dear Mr. Clerk,

Due to my absence from the State House while I recovered from surgery, I missed a number of roll calls.

Had I been present I would have voted in the affirmative on the following roll calls:
S-2039 — Conference Committee Report-Relative to Enhancing Regenerative Medicine in the Commonwealth.
H-3849 — Bill for a special law to repeal the 1675 law entitled “Indians prohibited being in Boston”.
S-2040 — Act requiring special state police officers to collect certain data.
H-1719 — Bill authorizing the town of Waltham to construct a Veterans’ memorial.
H-1726 — Bill authorizing the town of Westport to convey conservation land to construct a public safety facility.
H-36 — Bill authorizing the town of Reading to grant certain easements.
I would have voted in the negative on the following roll call:
S-2039 — Lees Amendment to ban Somatic Cell Nuclear Transfer.
I respectfully request that this communication be printed in the Senate Journal and thank you for your consideration.

Sincerely,
MARIAN WALSH,
State Senator.

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

 Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:
The House Bill relative to a certain parcel of land in the town of Shrewsbury (House, No. 2794),— 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 conveyance of a certain parcel of land in the town of Shrewsbury”.

PAPER FROM THE HOUSE.

A Bill establishing a sick leave bank for Mary M. Putney, an employee of the Trial Court (House, No. 4062,— on petition),— 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.

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. Antonioni, Jennifer L. Flanagan and Lewis G. Evangelidis for legislation to authorize the teachers’ retirement board to include additional compensation in calculating the retirement allowance of Nancy Swanson.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Stanley C. Rosenberg and John W. Scibak for legislation relative to the historic Lucius Crain Tavern in the town of Hadley.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4157) of Lida E. Harkins and others for legislation to improve the quality of teaching and leadership in the public schools,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Education.

 

Engrossed Bill.

An engrossed Bill authorizing the school department of the city of Chelsea to be open on June 17, 2005 (see House, No. 3839) (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 and was signed by the Acting President and laid before the Governor for his approbation.

Committee Discharged — Report of Committee.

Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, reported, asking to be discharged from further consideration of the House Bill relative to the issuance of certain bonds by the town of Dracut (House, No. 3231, changed),— and recommending that the same be referred to the Senate committee on Ethics and Rules.

Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

Subsequently, Ms. Menard, for the committee on Ethics and Rules, reported that the following matter be placed in the orders of the Day for the next session:

The House Bill relative to the issuance of certain bonds by the town of Dracut (House, No. 3231, changed).
There being no objection, the rules were suspended, on motion of Mr. Augustus, 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 twenty-two minutes past eleven o’clock A.M., the Chair (Mr. Hart) declared a recess subject to the call of the Chair; and, at twenty-seven minutes before one o’clock P.M., the Senate reassembled, Mr. Hart in the Chair.

PAPERS FROM THE HOUSE.

A Bill making appropriations for the fiscal year 2005 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4156,— on House, No. 3844, in part),— 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, in concurrence.

Emergency Preambles Adopted.

An engrossed Bill making appropriations for the fiscal year 2005 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4156), 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Mary M. Putney, an employee of the Trial Court (see House, No. 4062), 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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:

Relative to the issuance of certain bonds by the town of Dracut (see House, No. 3231, changed);
Establishing a sick leave bank for Mary M. Putney, an employee of the Trial Court (see House, No. 4062); and

Making appropriations for the fiscal year 2005 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4156).

Order Adopted.

On motion of Mr. Knapik,—

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.

Adjournment in Memory of Army Staff Sergeant Berge Avadanian.

The Senator from Middlesex, Ms. Fargo, presented a request that when the Senate adjourns today, it adjourn in memory of Army Staff Sergeant Berge Avadanian of Waltham.

Staff Sergeant Avadanian was a decorated war hero who served his country during World War II, volunteering with the paratroopers. He participated in the invasion campaigns of Sicily, Salerno and up the boot of Italy. He dropped into Normandy during D-Day and was one of the first Americans to land in the invasion of Holland. He received the Silver Star, Bronze Star, Purple Heart with Cluster, Presidential Citation Clusters, and awards from France, Belgium and the Netherlands. He passed away on Monday.

Accordingly, as a mark of respect to the memory of Army Staff Sergeant Berge Avadanian at twelve minutes before two o’clock P.M., on motion of Mr. Knapik, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.