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 28, 2005.

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

Petitions.

Petitions were presented and referred, as follows:

By Ms. Spilka (by request), a petition (subject to Joint Rule 12) of Richard Lerner for legislation relative to restrictive convenants in veterinary medicine;

By Mr. Timilty, a petition (subject to Joint Rule 12) of James E. Timilty for legislation relative to recouping certain trial court fees;

By Mr. Tolman, a petition (subject to Joint Rule 12) of Steven A. Tolman for legislation relative to retirement benefits for John G. Flores; and

By the same Senator, a petition (subject to Joint Rule 12) of Steven A. Tolman, Kerry Murphy Healey, Thomas M. McGee, Brian P. Wallace for legislation relative to substance abuse and mandatory opioid overdose reporting;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Buoniconti, for the committee on Public Service, on petition, a Bill relative to the civil service status of certain employees in the town of West Springfield (Senate, No. 1436);

By the same Senator, for the same committee, on petition, a Bill relative to Marie Walsh (Senate, No. 2116); and

By Mr. Brewer, for the committee on Veterans and Federal Affairs, on Senate, Nos. 1981 and 1986 and House, Nos. 1713 and 2904, a Bill establishing benefits for veterans and their dependents in Massachusetts (Senate, No. 2171);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Tolman, for the committee on Mental Health and Substance Abuse, on petition, a Bill to ensure adequate adult day health services (Senate, No. 1141); and

By the same Senator, for the same committee, on petition, a Bill relative to preventing the use of ecstasy and the abuse of pharmaceutical drugs (Senate, No. 1143);
Severally read and, under Joint Rule 1E, referred to the committee on Health Care Financing.

By Mr. Joyce, for the committee on Housing, on Senate, Nos. 805 and 2103, a Bill authorizing the creation of secondary lots on Nantucket island (Senate, No. 805) [Local approval received on Senate, Nos. 805 and 2103];

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the repeal of maintenance and capital investment funds (Senate, No. 2135) [Local approval received];

By the same Senator, for the same committee, on petition, a Bill authorizing the town of Winchendon to use a portion of a certain parcel of public park land for library purposes (Senate, No. 2151) [Local approval received];

By the same Senator, for the same committee, on Senate, No. 2140 and House, No. 4226, a Bill relative to the financing and construction of a public parking garage and other improvements in the city of Worcester (Senate, No. 2172) [Local approval received on Senate, No. 2140 and House, No. 4226];

By Mr. Buoniconti, for the committee on Public Service, on petition, a Bill authorizing the Middlesex Retirement Board to grant a certain pension to Dale S. Prentiss (Senate, No. 1586, changed in section 1, by adding after the word “Law.”, in line 21, the following sentence “The town of Shirley shall be liable to the Middlesex retirement system for all costs and liabilities imposed upon said system pursuant to this act.”) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill pertaining to the health insurance of a disabled police sergeant (Senate, No. 1587) [Local approval received);
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4205) of Karyn E. Polito and Edward M. Augustus, Jr. (by vote of the town) relative to authorizing the town of Shrewsbury to lease certain land; and

Petition (accompanied by bill, House, No. 4206) of Karyn E. Polito and Edward M. Augustus, Jr. (by vote of the town) relative to the membership of the town meeting of the town of Shrewsbury;
Severally to the committee on Municipalities and Regional Government.

Bills

Relative to the Springfield Finance Control Board (printed in House, No. 4185,— being a message from His Excellency the Governor);

Relative to a parcel of land in the town of Tewksbury (House, No. 4248, amended,— on House, No. 1424);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Designating the Attleboro District Courthouse as the James H. Sullivan Courthouse (House, No. 842,— on petition);

Relative to illegal dumping in the city of Worcester (House, No. 1748,— on petition); and

Relative to the reporting of revenue for the service of civil process by constables (House, No. 3576,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills

Relative to the personnel powers of the town manager in the town of Framingham (House, No. 3141,— on petition) [Local approval received];

Authorizing the town of Spencer to lease certain property (House, No. 3230,— on petition) [Local approval received];

Relative to the board of health in the town of North Andover (House, No. 4115,— on petition) [Local approval received];

Authorizing the town of North Andover to grant a certain utility easement (House, No. 4116;— on petition) [Local approval received]; and

Relative to borrowing by the town of Milford for the funding of the geriatric authority of Milford (House, No. 4182,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Elder Affairs, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2918) of Robert J. Nyman and others relative to further regulating assisted living and respite care facilities for elders and disabled, and recommending that the same be referred to the committee on Public Safety and Homeland Security,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Communication.

The Clerk read the following communication:

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

July 21, 2005.

Mr. William Welch, Senate Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

Due to my absence from the chamber, I was unable to attend a portion of the July 20, 2005 formal session and I was therefore unable to be present for one roll call vote taken on the following override:

House Bill 4200: An Act Making Appropriations For the Fiscal Year 2006 For the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth, For Interest, Sinking Fund, and Serial Bond Requirements, and For Certain Permanent Improvements.

Line Item 4590-0250: Governor’s Commission on Gay and Lesbian Youth.

Had I been present, I would have voted in the affirmative on this matter. I respectfully request this correspondence be read into the record at the next Session. Thank you for your assistance in this matter.

Sincerely,
STEVEN C. PANAGIOTAKOS,
First Middlesex District.

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

Resolutions.

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

Resolutions (filed by Mr. McGee) “celebrating the one hundredth anniversary of the Saint George Greek Orthodox Church in Lynn”;

Resolutions (filed by Mr. McGee) “honoring the St. Mary’s Golf Team”;

Resolutions (filed by Ms. Wilkerson) “congratulating the Puerto Rican community of Boston”; and

Resolutions (filed by Ms. Wilkerson, Messrs. Havern, Montigny, Moore and Morrissey, Ms. Resor, Mr. Rosenberg and Ms. Tucker) “memorializing the Congress of the United States to reauthorize the Voting Rights Act of 1965.”

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 Richard T. Moore, Susan W. Pope, Brian A. Joyce, Brian Knuuttila and other members of the General Court for legislation to reform of the laws governing tax relief for certain elderly property owners.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.
Sent to the House for concurrence.

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 Richard T. Moore and Marie J. Parente for legislation to authorize the Department of Revenue to make a certain refund.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.
Sent to the House for concurrence.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4308) of Kathi-Anne Reinstein and others that the Division of Capital Asset Management and Maintenance be authorized to convey a certain parcel of land to the city of Revere for the construction of a public safety facility;
Under suspension of Joint Rule 12, to the committee on Bonding, Capital Expenditures and State Assets.

Petition (accompanied by resolve, House, No. 4301) of Patricia A. Haddad relative to reviving and continuing the special commission (including members of the General Court) established to make an investigation and study of middle level education in the schools of the Commonwealth;
Under suspension of Joint Rule 12, to the committee on Education.

Petition (accompanied by bill, House, No. 4302) of James M. Murphy for legislation to establish the lake restoration and preservation fund and program within the Department of Environmental Protection;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 4303) of John J. Binienda and Edward M. Augustus, Jr., for legislation to regulate the width of stairways in housing constructed for elderly persons;
Under suspension of Joint Rule 12, to the committee on Housing.

Petition (accompanied by bill, House, No. 4304) of Anthony J. Verga and others relative to the penalty for sexual exploitation of children;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4305) of Matthew C. Patrick relative to terminating residency agreements in long-term care facilities upon the death of patients;
Under suspension of Joint Rule 12, to the committee on Public Health.

Petition (accompanied by bill, House, No. 4306) of Matthew C. Patrick relative to the assessment of real property of certain elderly persons;
Under suspension of Joint Rule 12, to the committee on Revenue.

Petition (accompanied by bill, House, No. 4307) of John J. Binienda and others relative to the sale of pre-paid cellular phones;
Under suspension of Joint Rule 12, to the committee on Telecommunications, Utilities and Energy.

Report of a Committee.

By Mr. Joyce, for the committee on Housing, on petition, a Bill establishing a project mitigation contribution (“linkage”) program for affordable housing in the city of Somerville (Senate, No. 2044) [Local approval received].
There being no objection, the rules were suspended, on motion of Mr. Nuciforo, 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 establishing a project mitigation contribution or linkage program for affordable housing in the city of Somerville.”.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:

The Senate Bill providing for alternative members on the community development board of the city of Methuen (Senate, No. 2021),— 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.

The Senate Bill authorizing the city of Pittsfield to grant five additional licenses for the sale of all alcoholic beverages and an additional four special liquor licenses for the sale of wines and malt beverages to be drunk on the premises (Senate, No. 2160),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the city of Pittsfield to grant 5 additional licenses the sale of all alcoholic beverages and 4 additional licenses for the sale of wines and malt beverages to be drunk on the premises.”.
Sent to the House for concurrence.

A Bill relative to the Massachusetts Water Resources Authority (House, No. 4259,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bills.

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

Designating the Massachusetts National Guard way in the city of Westfield (see Senate, No. 1915); and

Relative to the water commissioners of the town of Spencer (see House, No. 3229).

Recess.

There being no objection, at twenty-three minutes past eleven o’clock A.M., the Chair (Mr. Barrios) declared a recess subject to the call of the Chair; and, at ten minutes past two o’clock P.M., the Senate reassembled, Mr. Panagiotakos in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.

A Bill providing counsel to indigent persons (House, No. 4287, amended,— on House, No. 2793),— was read.

There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading and was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Panagiotakos, Ms. Wilkerson, Ms. Menard, Ms. Walsh, Messrs. Pacheco, Bouniconti and Tarr move to amend the bill (as corrected by the Senate Committee on Bills in Third Reading), in section 1, in the fourth sentence of the proposed subsection (h) of section 2½ of chapter 211D of the General Laws, by striking out the words “or motor vehicle registration” and inserting in place thereof the following words:— or motor vehicle registration for any vehicle subsequently purchased by such person;

By inserting after section 1 the following section:—

“SECTION 1A. Section 2A of said chapter 21ID, as so appearing, is hereby amended by striking out the words “need not be appointed”, in line 3, and inserting in place thereof the following words:— , on motion of the commonwealth, the defendant, or on the court’s own motion, shall not be appointed.”;

In section 3, in the first sentence of the first paragraph of the proposed section 70C of chapter 277 of the General Laws, by striking out the words “court may in its discretion treat” and inserting in place thereof the following words:— “court may, unless the commonwealth objects, in writing, stating the reasons for such objection, treat”;

In said section 3, in said first paragraph of said proposed section 70C of said chapter 277 by adding the following sentence:— “The commonwealth shall maintain a copy of all objections filed under this section and shall report the number of such objections, delineated by divisions of the district court, every 6 months to the house and senate committees on ways and means.”;

In section 5, by striking out the first 3 sentences and inserting in place thereof the following 2 sentences:— “Notwithstanding any special or general law to the contrary, there shall be in each district, as established under section 13 of chapter 12 of the General Laws, a pilot program providing adjunct staffing within the public defender division of the committee for public counsel services for which the committee shall hire 10 attorneys, 1 investigator and 2 support staff and provide such attorneys and staff with sufficient office space and office resources. The chief counsel of the committee shall assign the attorneys throughout the various district court divisions of each district in a manner that, in his determination, will likely result in the most effective and efficient representation of persons claiming indigency within each district.”;

In section 7, in the second sentence of the first paragraph, by striking out the words “in Springfield, Lowell, Worcester, Salem, New Bedford and Brockton”; and

By adding the following section:—

“SECTION 9. Section 2 shall take effect as of July 1, 2005.”
The amendment was adopted.
The bill, as amended, was passed to be engrossed, in concurrence.
Sent to the House for concurrence in the amendment.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Zenaida Correia, an employee of the Trial Court (see Senate, No. 2071), 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 (Mr. Panagiotakos) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill relative to the water and sewer commission in the town of Charlton (see Senate, No. 1163) (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 (Mr. Panagiotakos) and laid before the Governor for his approbation.

Recess.

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

A Bill relative to certain persons dually eligible for the Medicare and Medicaid program (House, No. 4298,— on House, No. 4285),— was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for Zenaida Correia, an employee of the Trial Court (see Senate, No. 2071) (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 (Mr. Panagiotakos) and laid before the Governor for his approbation.

Recess.

There being no objection, at one minute past three o’clock P.M., the Chair (Mr. Panagiotakos) declared a recess subject to the call of the Chair; and, at a quarter before four o’clock P.M., the Senate reassembled, Mr. Panagiotakos in the Chair.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill providing counsel to indigent persons (see House, No. 4287, 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 (Mr. Panagiotakos) and sent to the House for enactment.

Subsequently, the bill, which originated in the House, 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.

Adjournment in Memory of Nora Reardon of South Boston.

The Senator from First Suffolk, Mr. Hart presented a request that when the Senate adjourns today, it do so as a mark of respect to the memory of Nora Reardon of South Boston.

Nora was the administrative assistant in the Senate Counsel’s office from 1992 until her retirement in 2002. She is survived by her husband, John P. Reardon and sons and daughter in-laws Jack, Janet, Brian and Michelle. Those who had the privilege of working with Nora will always remember her charming presence, her constant professionalism and hard work, and her kindness to everyone she met. We will miss her dearly. May she rest in peace.

Accordingly, as a mark of respect to the memory of Nora Reardon, at seven minutes before four o’clock P.M. on motion of Ms. Wilkerson, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.