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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Tuesday, July 20, 2004.

Met at four minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Essex and Middlesex, Mr. Tarr, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Communication.

A communication from the Hampden County Sheriff’s Office submitting a copy of its plans of action which outline corrective measures taken in response to the April 2, 2004 inspection of the Hampden County Correctional Center (received Monday, July 19, 2004),— was placed on file.

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 House Bill relative to the investment laws of life insurance companies (House, No. 4413).

Committee Discharged.

Mr. Tolman, for the committee on Public Service, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1591) of Jo Ann Sprague, Scott P. Brown and John H. Rogers for legislation relative to establish creditable service and buy-back provisions for Donald Muldoon,— and recommending that the same be referred to the House committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee and reference to the House committee on Ways and means.

Papers from the House.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating actions taken at the 2004 annual election in the town of Boxborough (House, No. 4997);
To the committee on Election Laws.

Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to authorizing the Rockland Sewer Commission to enter into a contract for the disposal of sewage and the Abington/Rockland joint water works to enter into a contract for the supply of water (House, No. 4998);
To the committee on Local Affairs and Regional Government.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4984) of Daniel E. Bosley and Andrea F. Nuciforo, Jr. (by vote of the town) that the licensing authority of the town of Adams be authorized to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises to Ericfly, Inc.; and

Petition (accompanied by bill, House, No. 4985) of Daniel E. Bosley and Andrea F. Nuciforo, Jr. (by vote of the town) that the licensing authority of the town of Adams be authorized to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises to Nicholas Enterprises, Inc.;
Severally to the committee on Government Regulations.

Resolutions.

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

Resolutions (filed by Mr. Baddour) “observing Lead Poisoning Prevention Week”;

Resolutions (filed by Mr. McGee) “commending Shannon Falvey”; and

Resolutions (filed by Ms. Resor) “honoring David W. Durrant.”

Motion to Take Out of the Orders of the Day — Objection.

The Chair (Mr. Rosenberg) requested that the following matter be taken out of the orders of the Day and considered forthwith:

The House Bill relative to fire safety in the Commonwealth (House, No. 4550),— but objection was made thereto by Mr. Lees.

Reports of Committees.

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 House Bill relative to credit union deposits (House, No. 483).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

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 House Bill relative to the underground cable reimbursement schedule (House, No. 4892).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was ordered to a third reading.

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 House Bill establishing a citizen review board (House, No. 4969).

Mr. Tolman moved that the rules be suspended so that the matter may be considered forthwith; but objection was made thereto by Mr. Tarr.
The matter was placed in the Orders of the Day for the next session.

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill to facilitate homeowners remediating heating oil spills (Senate, No. 1225),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2456).
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means,
The bill (senate, No. 2456) was then ordered to a third reading.

By Ms. Murray, for the committee on ways and Means, that the Senate Bill relative to training for law enforement in dealing with individuals suffering from mental illness and mental retardation (Senate, No. 1303),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2461).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2461) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to a retirement buy back from the state board of retirement (Senate, No. 1456, changed),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2457).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2457) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, on petition (accompanied by bill, Senate, No. 1572), a Bill relative to the state retirement system (Senate, No. 2458).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tolman, 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 to protect patient safety in the delivery of health care services (Senate, No. 2242),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2459).

Mr. Tolman moved that the rules be suspended so that the matter may be taken up forthwith; but objection was made thereto, by Mr. Knapik.
Under Senate Rule 26, referred to the committee on Steering and Policy.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill directing the Division of Capital Asset management and Maintenance to convey certain parcels of land in the towns of Hopkinton and Westborough (Senate, No. 2364),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2462).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2462) was then ordered to a third reading.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill to provide pediatric palliative care to children with life-limiting illnesses in the Commonwealth (printed as House, No. 2802),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2460).
The rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2460) was then ordered to a third reading.

Papers from the House.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Melissa J. Cornell, an employee of the Trial Court of the Commonwealth (see House, No. 4765), 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.

Engrossed Bill.

An engrossed Bill merging the Woodland Water District of Auburn with the Auburn Water District (see House, No. 4333, amended) (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.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5004) of Christopher J. Donelan and Steven M. Brewer (by vote of the town) establishing the Athol economic development and industrial corporation;
Under suspension of Joint Rules 12 and 9, to the committee on Commerce and Labor.

Petition (accompanied by bill, House, No. 5005) of Susan W. Pope and Scott P. Brown (by vote of the town) that the town of Wayland be exempt from certain school construction requirements;
Under suspension of Joint Rule 12, to the committee on Education, Arts and Humanities.

Petition (accompanied by bill, House, No. 5006) of Brian P. Wallace for legislation to designate the South Boston District Court as the Honorable Chief Justice Joseph F. Feeney Memorial Court House;
Under suspension of Joint Rule 12, to the committee on State Administration.

Petition (accompanied by bill, House, No. 5007) of Susan W. Pope and Scott P. Brown relative to tax abatements for Peter P. and Marlene Phildius from the town of Wayland;
Under suspension of Joint Rule 12, to the committee on Taxation.

Recess.

There being no objection, at twenty-one minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at twenty-two minutes before two o’clock P.M., the Senate reassembled, Mr. Rosenberg in the Chair.

Paper from the House.

Engrossed Bill.

An engrossed Bill relative to the town of Lenox and the reimbursement of local room occupancy taxes (see Senate, No. 2344) (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.

Reports of Committees.

By Ms. Creem, for the committee on Taxation, on the recommitted petition, a Bill relative to the classification of land in the town of Wendell (Senate, No. 2171) [Local approval received].
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Pacheco, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 House Bill further regulating the setting of private passenger automobile insurance rates (House, No. 4675).
There being no objection, the rules were suspended, on motion of Ms. Resor, and the bill was read a second time and ordered to a third reading.

Papers from the House.

A Bill authorizing the town of Yarmouth to make certain conveyances of wellfield land (House, No. 4706, changed,— on petition) [Local approval received],— was read.

There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time.

Pending the question on ordering it to a third reading, Mr. O’Leary presented an amendment, in section 3, by striking out the word “Bloodstone”, each time it appears, and inserting in place thereof the following word, in each instance:— “Gladstone”; and

In said section 3, by adding the following sentence:— “The town of Yarmouth shall appropriate the $94,000 for wellfield protection purposes.”
The amendment was adopted.
The bill, as amended, was ordered then 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.

A Bill authorizing the town of Yarmouth to lay out a public way over certain wellfield land (House, No. 4707,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill placing certain members of the fire department of the town of Hanover under the civil service law (House, No. 4817,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Resor, 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 relative to the Uncompensated Care Trust Fund (see House, No. 4919, 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill relative to the ability of essential community providers to furnish human services (see House, No. 4920, 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill providing for expenditure for the Uncompensated Care Trust Fund (see House, No. 4921, 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill relative to compensation for certain erroneous felony convictions (see House, No. 4255) (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.

Recess.

There being no objection, at two o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at three minutes past three o’clock P.M., the Senate reassembled, Mr. Rosenberg in the Chair.

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 re-enacted and were signed by the Acting President and again laid before the Governor for his approbation, to wit:

Relative to the Uncompensated Care Trust Fund (see House, No. 4919, amended);

Relative to the ability of essential community providers to furnish human services (see House, No. 4920, amended); and

Providing for expenditure for the Uncompensated Care Trust Fund (see House, No. 4921, amended).

Order Adopted.

On motion of Mr. Knapik,—

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

On motion of the same Senator, at four minutes past three o’clock P.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.