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, July 7, 2005.

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

Reports.

The following reports were severally read and placed on file:

A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws as most recently amended by Section 6 of Chapter 142 of the Acts of 2003) relative to the condition of the Unemployment Insurance Trust Fund for the month of May 2005 (received Wednesday, June 29, 2005); and

A report of the Norfolk County Register of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKX of Chapter 29 of the General Laws) submitting a plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Thursday, June 30, 2005).

Petitions.

Petitions were presented and referred, as follows:

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey and Robert J. Nyman for legislation relative to the sale of unweaned birds; and

By the same Senator, a petition (subject to Joint Rule 12) of Michael W. Morrissey, Brian A. Joyce and William T. Salisbury for legislation relative to worker’s compensation as it relates to employees who are members of the Armed Services or National Guard;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, that the Senate Bill relative to county roads (Senate, No. 2085),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on petition, a Bill authorizing the Division of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Washington (Senate, No. 58);

By the same Senator, for the same committee, on petition, a Bill authorizing the development of a regional education, training and skills alliance center in the city of Taunton (Senate, No. 61); and

By the same Senator, for the same committee, on petition, a Bill authorizing the Department of Highways to acquire and transfer certain parcels of land in the town of Bourne (Senate, No. 2078);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committee Discharged.

Ms. Menard, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration

Of the Senate Resolve providing for a study of long term custodial care options for cognitively intact, physically disabled young and middle aged adults between the ages 19 and 59 (Senate, No. 2145); and

Of the Senate Order relative to authorizing the joint committee on Children and Families to make an investigation and study of certain Senate documents relative to the Department of Transitional Assistance and the Department of Mental Retardation (Senate, No. 2148);

And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor recommending legislation relative to expanding family shelter eligibility (House, No. 4229);
To the committee on Children and Families.

Message from His Excellency the Governor recommending legislation relative to encouraging the registration of sex offenders (House, No. 4235);
To the committee on the Judiciary.

Message from His Excellency the Governor recommending legislation relative to modifying nursing facility rate reviews (House, No. 4236);
To the committee on Public Health.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4222) of Frank I. Smizik and others (by vote of the town) that the treasurer of the town of Brookline be authorized to invest the trust funds of said town in accordance with the “Prudent Man Rule”;

Petition (accompanied by bill, House, No. 4223) of Theodore C. Speliotis and Frederick E. Berry (by vote of the town) that the town of Topsfield be authorized to establish a department of public works;

Petition (accompanied by bill, House, No. 4224) of Theodore C. Speliotis and Frederick E. Berry (by vote of the town) that the town of Topsfield be authorized to increase the membership of the board of selectmen;

Petition (accompanied by bill, House, No. 4225) of James H. Fagan (with the approval of the mayor and city council) relative to authorizing the city of Taunton to lease certain recreational land of the John F. Parker Municipal Golf Course;

Petition (accompanied by bill, House, No. 4226) of Vincent A. Pedone and others (with the approval of the mayor and city council) relative to the financing and construction of a public parking garage and other improvements in the city of Worcester;

Petition (accompanied by bill, House, No. 4237) of Mark J. Carron and others (by vote of the town) relative to amending the charter of the town of Oxford concerning parliamentary rules governing town meetings

Petition (accompanied by bill, House, No. 4238) of Mark J. Carron and others (by vote of the town) that the town of Oxford be authorized to provide financial assistance to homeowners to replace certain water supply wells in the area of Sacarrappa Pond;

Petition (accompanied by bill, House, No. 4239) of Brian Knuuttila and Stephen M. Brewer (by vote of the town) relative to authorizing the town of Winchendon to refinance certain bonds;

Petition (accompanied by bill, House, No. 4242) of Richard J. Ross and Scott P. Brown relative to the board of the public works of the town of Norfolk; and

Petition (accompanied by bill, House, No. 4243) of David Paul Linsky and Scott P. Brown (by vote of the town) relative to the annual and special town meetings of the town of Millis;
Severally to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 4240) of Brian Knuuttila and Robert A. Antonioni (with the approval of the mayor and city council) that the city of Gardner be authorized to provide a career incentive pay program for police officers;
To the committee on Public Service.

Petition (accompanied by bill, House, No. 4241) of Brian Knuuttila and Stephen M. Brewer (by vote of the town) for legislation to establish an open space fund in the town of Winchendon;
To the committee on Revenue.

A Bill establishing the interstate compact for adult offender supervision (House, No. 4192, amended,— on Senate, No. 1030),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill designating a certain bridge in the town of Westport as the Westport Police Officers Memorial Bridge (House, No. 1690,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Reports

Of the committee on Children and Families, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3664) of Daniel E. Bosley and others for the establishment of a Commonwealth corporation for business, work and learning to provide for a self-sufficiency standard for incomes in the Commonwealth,— and recommending that the same be referred to the committee on Labor and Workforce Development.

Of the committee on Financial Services, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 3743) of Peter J. Koutoujian and John W. Scibak relative to coupons of manufacturers submitted to health care insurers; and

Of the petition (accompanied by bill, House, No. 3899) of Jay R. Kaufman and others for legislation to regulate genetic testing results relative to the issuance of disability and life insurance policies;

And recommending that the same severally be referred to the committee on Public Health.

Of the committee on Labor and Workforce Development, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1116) of Robert A. O’Leary, Richard T. Moore, Robert J. Haynes, AFL-CIO, Patricia D. Jehlen and other members of the General Court for legislation to provide amendments to the labor laws,— and recommending that the same be referred to the committee on Public Service.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

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

Resolutions (filed by Ms. Spilka) “commending Metrowest Radio Reading Service”; and

Resolutions (filed by Ms. Wilkerson) “honoring His Excellency Prime Minister José Maria Neves.”

 

Petition.

On motion of Mr. Moore, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Moore, (accompanied by bill) of Richard T. Moore and J. James Marzilli, Jr. for legislation relative to the investment of reserves by dental service corporations,— and the same was referred to the committee on Financial services.
Sent to the House for 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 Joan M. Menard, Patricia A. Haddad, Michael R. Knapik, Robert M. Koczera and other members of the General Court for legislation relative to CORI information for chapter 766 approved private schools.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, 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.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for Dawn Heinle-Kimball, an employee of the Trial Court (see Senate, No. 2072, 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 5 to 0.

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

Subsequently, the bill, which originated in the Senate, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President and laid before the Governor for his approbation.

Order Adopted.

On motion of Ms. Wilkerson,—

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.

Moment of Silence.

The Chair (Mr. Tolman) requested that a moment of silence be observed for the memory of those who lost their lives due to terrorist activities in London, England on this date.

On motion of Mr. Knapik, at twenty-one minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.