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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

Tuesday, June 22, 2004.

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

Report.

A report of the Massachusetts Convention Center Authority (under the provisions of Section 5 of Chapter 152 of the Acts of 1997) submitting its March 2004 quarterly report on the status of the Boston Convention and Exhibition Center Project (received Monday, June 21, 2004),— was placed on file.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4721) of Pamela P. Resor and James B. Eldridge relative to the residency requirements of the police and fire department in the town of Boxborough; and
Petition (accompanied by bill, House, No. 4722) of Martin J. Walsh (with the approval of the mayor and city council) relative to disability retirement benefits payable to Sergeant Charles L. Byrne, Jr. for injuries suffered in the line of duty as a police officer in the city of Boston;
Severally to the committee on Public Service.

A Bill increasing the number of the permanent intermittent police force in the city of Methuen (House, No. 4175,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Morrissey and Hart) “recognizing Mrs. Ann Flynn.”

Report of a Committee.
Mr. Magnani for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill relative to the town of Lenox and the reimbursement of local room occupancy taxes (Senate, No. 2344) (the committee on Ways and Means having recommended that the bill be amended in section 1, by inserting after the word “interest” in the second sentence, the following words:— “in excess of that which is included in the $600,000 figure,”; in section 2, by striking out the word “January” and inserting in place thereof the following word:— “July”; in said section 2, by striking out the following words:— “and shall cease to be effective 120 days after passage”; and by striking out section 3).
Mr. Moore moved that the rules be suspended so that the matter may be considered forthwith; but objection was made thereto by Messrs. Hedlund and Knapik.
The matter was placed in the Orders of the Day for the next session, with the amendments pending.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill authorizing payroll deductions for certain contributions to the State Police Museum Fund (see Senate, No. 1417, amended) (which originated in the Senate), 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.

Recess.

At seven minutes past eleven o’clock A.M., the Chair (Mr. Nuciforo) declared a recess subject to the call of the Chair, and at twenty-nine minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to the School Building Assistance Program (House, No. 4749),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2398; 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 forthwith to make certain changes to the school building assistance program, 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. Rosenberg, 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.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill providing for the transfer and preservation of certain interests in land held for natural resource purposes of the abolished counties (Senate, No. 146),— ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time and ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill establishing a biological agent registry in the Commonwealth (Senate, No. 511),— ought to pass, with amendments, in section 2, by striking out the sentence in lines 26 to 28, inclusive, and inserting in place thereof the following sentence:— “A person or facility that possesses, maintains or stores any biological agents in the commonwealth shall file a report with the department of public health.”; and by striking out, in lines 89 to 90, inclusive, the words “; the co-chairs of the joint committee on health care”.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 511, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill to reduce asthma rates and associated costs in the Commonwealth (Senate, No. 535),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2403).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2403, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill requiring hospitals to report head injuries and spinal cord injuries (Senate, No. 587),— ought to pass, with amendments, by striking out, in line 4, the word “department”, the second time it appears, and inserting in place thereof the word:— “division”; by inserting after the word “of”, in line 7, the following word:— “traumatic”; by inserting after the word “codes.”, in line 12, the following sentence:— “For purposes of compiling this report, the department in conjunction with the division may review autopsy reports subject to section 2 of chapter 38.”; and by inserting after the word “of”, in line 14, the following word:— “traumatic”.
There being no objection, the rules were suspended, on motion of Mr. Barrios, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 587, amended) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the forest products trust fund (Senate, No. 1196),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2399).
The rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2399) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to the disposition of easements or other interests in land in Uxbridge under the care and control of the Department of Conservation and Recreation (Senate, No. 2321),— ought to pass, with an amendment, substituting a new draft entitled “An Act relative to the disposition of easements or other interests in land in Uxbridge under the care and control of the Department of Conservation and Recreation and the partial release of certain land in the town of Plymouth from the operation of two agricultural preservation restrictions” (Senate, No. 2402).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2402) was then ordered to a third reading.

Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the Department of Highways to acquire certain parcels of land in the town of Bourne (House, No. 4866),— ought to pass.
Ms. Wilkerson moved that the rules be suspended so that the matter may be considered forthwith; but objection was made thereto by Mr. Hedlund. Under Senate Rule 26, the bill was referred to the committee on Steering and Policy.

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 President and laid before the Governor for his approbation, to wit:
Relative to special veterans plates (see Senate, No. 2338, amended);
Relative to part-time elected officials of the town of Swansea (see Senate Bill, printed as House, No. 3969); and
Authorizing the town of Northbridge to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (see House, No. 3935, amended).

The Senate Bill further regulating public construction in the Commonwealth (Senate, No. 2358, amended),— came from the House passed to be engrossed, in concurrence with an amendment in section 25 by striking out the following: “sections 15 to 21, inclusive, of”.
Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the House amendment was considered forthwith.
On further motion of Ms. Wilkerson, the Senate concurred in the House amendment with further amendments in section 11, by striking out the words “Notwithstanding the” and inserting in place thereof the following word:— “Notwithstanding”; in section 19, in the proposed section 44D¾, in subsection (e), in paragraph (2), in clause (1), by inserting after the word “architects” the following word:— “for”; and in subsection (i), by striking out the last sentence; in section 27, in the proposed chapter 149A, in section 16, in subsection (d), in the second sentence, by striking out the words “construction management at risk” and inserting in place thereof the following words:— “design build”, in section 32, by adding the following sentence:— “The corporations established pursuant to chapter 139 of the acts of 1992 and chapter 163 of the acts of 1997 shall not be considered auxiliary organizations of the university.”; 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 forthwith to regulate further public construction in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”

Committee of Conference.

The House Bill relative to compensation for certain erroneous felony convictions (House, No. 4255),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2392.), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives O’Flaherty of Chelsea, Jehlen of Somerville and Evangelidis of Holden had been appointed the committee on the part of the House.
On motion of Ms. Wilkerson, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Wilkerson, Resor and Hedlund were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Order Adopted.

On motion of Mr. Moore,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., in a full formal session.

Adjournment in Memory of Lorna F. Rhodes of Mendon.

The Senator from Worcester and Norfolk, Mr. Moore, moved that when the Senate adjourns today, it adjourn as a mark of respect to the memory of a dedicated public servant and beloved educator, Lorna F. (Wagner) Rhodes of Mendon, Massachusetts.

Lorna F. (Wagner) Rhodes, 72, was a middle school mathematics teacher in the Mendon-Upton Regional School District for 25 years, retiring in 1992. She was head librarian for the Taft Public Library in Mendon for 35 years. She also worked there as a young adult, which brought her total service to the library to 60 years. She was president of the Mendon Historical Society, served as a registrar of voters for the town of Mendon and was active in many other town activities. She was the secretary of the American Poultry Association for eight years and secretary of the Boston Poultry Association. She leaves her husband, Robert, four sons, Ross Rhodes and his wife, Tracey, Reese Rhodes and his wife, Darlene, Rolf Rhodes and his wife, Kathleen, and Reid Rhodes and his wife, Sherry, all of Mendon; a brother, former Massachusetts Adjutant General, Wayne Wagner, and his wife, Ellen, of Mendon; nine grandchildren, Samantha, Kevin, Elisa, Ryan, Casey, Melissa, Emily, Kelsie and James Rhodes of Mendon; and her brother-in-law, Austin Taft, Jr. of Mendon.

Accordingly, as a mark of respect to the memory of Lorna F. (Wagner) Rhodes of Mendon, at seventeen minutes before two o’clock P.M., the Senate adjourned to meet again on the following day at eleven o’clock A.M., in a full formal session.