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.

Monday, August 4, 2003.

Met at six minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair).

The Chair (Mr. Rosenberg), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Department of Transitional Assistance relative to appropriations account 4408-1000 (EAEDC) having insufficient funds to meet projected expenses (received Wednesday, July 30, 2003),— was placed on file.  

Reports.

The following reports were severally read and placed on file:

A report of the Department of Telecommunications and Energy (under the provisions of Section 193 of Chapter 164 of the Acts of 1997) submitting its annual report concerning self-generation (received Wednesday, July 30, 2003); and

A report of the Commission on the Status of Women (under the provisions of Section 1 of Chapter 138 of the Acts of 1998) submitting its annual report for fiscal year 2003 (received Wednesday, July 30, 2003).

The following reports were severally read and sent to the House for its information:

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Middlesex County House of Correction (received Tuesday, July 15, 2003); and

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to the inspection of the Billerica House of Correction (received Monday, July 28, 2003).

Petitions.

Petitions were presented and referred as follows:

By Mr. Brewer, a petition (accompanied by bill, Senate, No. 2058) of Stephen M. Brewer and Mark J. Carron (by vote of the town) for legislation to allow the town of Charlton to establish and maintain a firearm’s licensing fund [Local approval received]; and

By the same Senator, a petition (accompanied by bill, Senate, No. 2059) of Stephen M. Brewer and Mark J. Carron (by vote of the town) for legislation relative to the town of Charlton and Millennium Power Partners, L.P. [Local approval received];
Severally, under Senate Rule 20, to the committee on Local Affairs and Regional Government.
Severally sent to the House for concurrence.  

Mr. Knapik presented a petition (subject to Joint Rule 12) of Michael R. Knapik, Brian P. Lees, Robert L. Hedlund, Jo Ann Sprague and other members of the General Court for legislation reducing the application fee for firearm identification cards for the possession of chemical mace and pepper spray,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Tucker, for the committee on Human Services and Elderly Affairs, on petition, a Bill providing for an investigation and study by a special commission relative to the needs of persons with agoraphobia and related disorders (Senate, No. 756);

By the same Senator, for the same committee, on petition, a Bill study of long term custodial care options for cognitively intact, physically disabled young and middle aged adults between ages 19 and 59 (Senate, No. 799);

By the same Senator, for the same committee, on petition, a Bill relative to a five-year plan to end homelessness in the Commonwealth (Senate, No. 800);

By the same Senator, for the same committee, on petition, a Bill providing for an investigation and study by a special commission relative to the workforce in those agencies serving persons with mental retardation (Senate, No. 816); and

By the same Senator, for the same committee, on petition, a Resolve to create a special commission on homelessness (Senate, No. 830);
Severally read and, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.  

By Ms. Tucker, for the committee on Human Services and Elderly Affairs, on petition, a Bill providing for an investigation and study by a special commission to study the needs of the elderly blind and visually inpaired citizens of the Commonwealth (Senate, No. 760);

By the same Senator, for the same committee, on petition, a Bill to end child hunger in Massachusetts (Senate, No. 774);

By the same Senator, for the same committee, on petition, a Bill to assure equal treatment for lawful immigrants in Massachusetts (Senate, No. 776); and

By the same Senator, for the same committee, on Senate, Nos. 745, 758, 782, 789, 790, 803, 813 and 822 and House, Nos. 374, 375, 704, 705, 709, 710, 914, 917 and 2813, a Bill amending the definition of a veteran (Senate, No. 822);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Ms. Jacques, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate bills

Relative to the public records law (Senate, No. 1671); and

To amend the public records law (Senate, No. 1693).

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4007) of Cory Atkins and Susan C. Fargo (by vote of the town) that the town of Carlisle be authorized to grant conservation restrictions on certain parcels of land under the control of said town;

Petition (accompanied by bill, House, No. 4008) of Cory Atkins, Karen Spilka, Thomas J. O’Brien, Carol A. Donovan, and Thomas P. Kennedy that cities and towns be authorized to establish impact fees for real estate development projects;

Petition (accompanied by bill, House, No. 4009) of Ruth B. Balser, David B. Cohen (mayor), Cynthia S. Creem, Kay Khan and Peter J. Koutoujian relative to the granting of an easement by the city of Newton to the Massachusetts Water Resources Authority;

Petition (accompanied by bill, House, No. 4010) of George Foord for legislation to further regulate the height of live fences and the appointment of fence viewers by cities and towns;

Petition (accompanied by bill, House, No. 4011) of John J. Binienda, Philip Travis and Stephen M. Brewer for legislation to exempt certain decorated veterans from parking meter fines;

Petition (accompanied by bill, House, No. 4012) of Garrett J. Bradley relative to warrants of regular or special town meetings;

Petition (accompanied by bill, House, No. 4013) of Antonio F. D. Cabral relative to the appointment of certain directors to the Massachusetts Sheriffs’ Association;

Petition (accompanied by bill, House, No. 4014) of Jennifer M. Callahan (by vote of the town) relative to authorizing the town of Bellingham to establish a sewer construction capital fund;

Petition (accompanied by bill, House, No. 4015) of Jennifer M. Callahan (by vote of the town) relative to authorizing the town of Bellingham to establish certain revolving funds;

Petition (accompanied by bill, House, No. 4016) of Debra Tsampas relative to local zoning for micropigmentation practitioners;

Petition (accompanied by bill, House, No. 4017) of Edward G. Connolly and Thomas N. George relative to further regulating parking spaces for disabled persons;

Petition (accompanied by bill, House, No. 4018) of Michael J. Coppola and Jo Ann Sprague (by vote of the town) for legislation to establish a selectmen-town manager form of government in the town of Foxborough;

Petition (accompanied by bill, House, No. 4019) of Brian S. Dempsey and other members of the General Court relative to the creation of technical assistance centers for the delivery of coordinated, comprehensive and continuing services to local governments;

Petition (accompanied by bill, House, No. 4020) of Salvatore F. DiMasi for legislation to exempt the development, reconstruction or renovation of homeless shelters from local zoning ordinances;

Petition (accompanied by bill, House, No. 4021) of Mark V. Falzone, Jarrett T. Barrios, Kathi-Anne Reinstein and Thomas M. McGee (by vote of the town) relative to the appointive powers of selectmen in the town of Saugus;

Petition (accompanied by bill, House, No. 4022) of John P. Fresolo, Joan M. Menard and another relative to payment for off-duty or special detail work performed by municipal employees;

Petition (accompanied by bill, House, No. 4023) of John P. Fresolo and Joan M. Menard relative to boards of trustees of county agricultural schools;

Petition (accompanied by bill, House, No. 4024) of Colleen M. Garry for legislation to further regulate the posting of public notices of meetings of municipal governmental bodies;

Petition (accompanied by bill, House, No. 4025) of Colleen M. Garry that municipal clerks be required to maintain records of all actions taken by governing and regulatory bodies in cities and towns;

Petition (accompanied by bill, House, No. 4026) of Emile J. Goguen and other members of the General Court relative to municipal borrowing procedures;

Petition (accompanied by bill, House, No. 4027) of Susan W. Pope and other members of the General Court for legislation to limit the authority of boards of selectmen to transfer funds between municipal budget accounts;

Petition (accompanied by bill, House, No. 4028) of the Massachusetts Association of School Superintendents and Brian Paul Golden for legislation to authorize cities and towns to expend certain funds for educational purposes in anticipation of federal and state grants;

Petition (accompanied by bill, House, No. 4029) of Brian Paul Golden and another relative to the civil service rights of employees of the sheriff of Suffolk County;

Petition (accompanied by resolve, House, No. 4030) of William G. Greene, Jr., for an investigation by a special commission (including members of the General Court) relative to county government and regional entities;

Petition (accompanied by bill, House, No. 4031) of Geoffrey D. Hall, Steven C. Panagiotakos and another relative to the regulation of the zoning of childcare facilities by cities and towns;

Petition (accompanied by bill, House, No. 4032) of Geoffrey D. Hall, Steven C. Panagiotakos and another for legislation to further regulate zoning ordinances in cities and towns;

Petition (accompanied by bill, House, No. 4033) of Bradford Hill relative to potentially dangerous dogs and vicious dogs;

Petition (accompanied by bill, House, No. 4034) of the Mass. Municipal Accountants and Auditors and Kevin G. Honan relative to the expenditure of bond and note proceeds by cities, towns and districts;

Petition (accompanied by bill, House, No. 4035) of the Mass. Municipal Accountants and Auditors and Kevin G. Honan relative to the expenditures of city, town and district funds;

Petition (accompanied by bill, House, No. 4036) of the Mass. Municipal Accountants and Auditors and Kevin G. Honan relative to the establishment of reserve funds in cities and towns for compensated absences of employees;

Petition (accompanied by bill, House, No. 4037) of Brian Knuuttila, Emile J. Goguen and Robert A. Antonioni for legislation to designate the Devens Commerce Center as a fire district;

Petition (accompanied by bill, House, No. 4038) of Robert M. Koczera, Anthony J. Verga and Gloria L. Fox relative to the reporting requirements of constables in cities and towns;

Petition (accompanied by bill, House, No. 4039) of Robert M. Koczera, Pamela P. Resor and Douglas W. Petersen relative to sustainable land use of subdivisions under certain zoning regulations in cities and towns;

Petition (accompanied by bill, House, No. 4040) of Stephen Kulik, Christopher J. Donelan, Andrea F. Nuciforo, Jr., Stanley C. Rosenberg and Stephen M. Brewer relative to the Franklin County Regional Housing and Redevelopment Authority;

Petition (accompanied by bill, House, No. 4041) of David Paul Linsky, Bruce E. Tarr, Karen Spilka, Deborah D. Blumer and J. James Marzilli, Jr., relative to the approval of definitive plans for subdivisions by planning boards in municipalities;

Petition (accompanied by bill, House, No. 4042) of David Paul Linsky, Bruce E. Tarr, Karen Spilka, Deborah D. Blumer and J. James Marzilli, Jr., relative to the granting of special permits under the zoning laws in cities and towns;

Petition (accompanied by bill, House, No. 4043) of David Paul Linsky, David P. Magnani, Cheryl A. Jacques and Alice Hanlon Peisch (by vote of the town) that the town of Natick be authorized to enter into a certain lease agreement with the town of Wellesley;

Petition (accompanied by bill, House, No. 4044) of Ronald Mariano, Michael W. Morrissey, Bruce J. Ayers and A. Stephen Tobin for legislation to authorize the county commissioners of Norfolk County to borrow money for certain renovations at the golf course at the Wollaston recreational facility;

Petition (accompanied by bill, House, No. 4045) of Charles A. Murphy relative to the zoning of day care centers in residential dwellings;

Petition (accompanied by bill, House, No. 4046) of Thomas J. O’Brien and Viriato Manuel deMacedo relative to a moratorium on the abolishment of county governments;

Petition (accompanied by bill, House, No. 4047) of Thomas J. O’Brien relative to the submission of county budgets to the General Court;

Petition (accompanied by bill, House, No. 4048) of Thomas J. O’Brien that county governments and councils of government be authorized to negotiate contracts for electric service;

Petition (accompanied by bill, House, No. 4049) of Thomas J. O’Brien that grants to political subdivisions be also made available to the counties of the Commonwealth;

Petition (accompanied by bill, House, No. 4050) of Thomas J. O’Brien for legislation to provide for county advisory boards on economic development, regional planning and intergovernmental relations;

Petition (accompanied by resolve, House, No. 4051) of Thomas J. O’Brien for an investigation by a special commission (including members of the General Court) relative to the operation of county jails and houses of correction;

Petition (accompanied by bill, House, No. 4052) of Thomas J. O’Brien relative to the appointment of county advisory boards on economic development;

Petition (accompanied by bill, House, No. 4053) of Thomas J. O’Brien and Viriato Manuel deMacedo relative to the fees charged by the Registry of Deeds;

Petition (accompanied by bill, House, No. 4054) of Thomas J. O’Brien and Viriato Manuel deMacedo for legislation to authorize the Plymouth County Sheriff’s Department to operate and maintain a county medical dispatch communications system;

Petition (accompanied by bill, House, No. 4055) of Thomas J. O’Brien relative to the submission of county budgets to the General Court;

Petition (accompanied by bill, House, No. 4056) of Thomas J. O’Brien and others for legislation to reform the civil process system;

Petition (accompanied by bill, House, No. 4057) of Matthew C. Patrick (by vote of the town) relative to the appointment of associate members to the conservation commission of the town of Bourne;

Petition (accompanied by bill, House, No. 4058) of William Smitty Pignatelli and Andrea F. Nuciforo, Jr. (by vote of the town) for legislation to authorize the conservation commission of the town of Lee to impose fees for the employment of outside consultants;

Petition (accompanied by bill, House, No. 4059) of John F. Quinn relative to zoning protection of lawful, nonconforming single-family and two-family residences;

Petition (accompanied by bill, House, No. 4060) of Thomas M. Menino, Angelo M. Scaccia, Paul C. Demakis, Jarrett T. Barrios and Dianne Wilkerson for legislation to abolish the government of Suffolk County;

Petition (accompanied by bill, House, No. 4061) of Mary Jane Simmons and other members of the General Court for legislation to clarify the use of revolving funds by cities and towns;

Petition (accompanied by bill, House, No. 4062) of Mary Jane Simmons, Anthony J. Verga, Elizabeth Poirier and J. James Marzilli, Jr., for legislation to further regulate the leasing of municipal property;

Petition (accompanied by bill, House, No. 4063) of Mary Jane Simmons, Susan W. Pope, Paul J. Donato, Anthony J. Verga, Elizabeth Poirier and Brian A. Joyce relative to the establishment of reserve funds in cities and towns for compensated absences of employees;

Petition (accompanied by bill, House, No. 4064) of Mary Jane Simmons, Susan W. Pope, Anthony J. Verga, Elizabeth Poirier and Thomas J. O’Brien relative to the expenditures of city, town and district funds;

Petition (accompanied by bill, House, No. 4065) of Mary Jane Simmons, Susan W. Pope, Anthony J. Verga, Elizabeth Poirier and another relative to the number of selectmen and terms of office in towns;

Petition (accompanied by bill, House, No. 4066) of the Massachusetts Association of Conservation Commissions, Mary Jane Simmons and other members of the General Court for legislation to authorize conservation commissions to impose fees for the employment of outside consultants;

Petition (accompanied by bill, House, No. 4067) of Mary Jane Simmons and other members of the General Court and another that cities and towns be authorized to borrow money for environmental assessment and remediation for the release of hazardous substances;

Petition (accompanied by bill, House, No. 4068) of Mary Jane Simmons and other members of the General Court for legislation to authorize towns to combine certain offices or boards;

Petition (accompanied by bill, House, No. 4069) of Mary Jane Simmons and other members of the General Court that cities and towns be authorized to establish general and special purpose funds;

Petition (accompanied by bill, House, No. 4070) of Harriett L. Stanley and Bruce E. Tarr relative to the extension of municipal sewer and water service to the Plum Island area of the city of Newburyport and the town of Newbury;

Petition (accompanied by bill, House, No. 4071) of the Mass. Treasurers and Collectors Association relative to certain checks not cashed and deemed abandoned that are held by cities and towns;

Petition (accompanied by bill, House, No. 4072) of James E. Vallee, David P. Magnani and Cheryl A. Jacques (with the approval of the town council) relative to establishing a town property Capital Improvements Fund in the city known as the town of Franklin;

Petition (accompanied by bill, House, No. 4073) of Anthony J. Verga relative to the employment of outside consultants by local permit granting agencies;

Petition (accompanied by bill, House, No. 4074) of Thomas M. Menino, Brian P. Wallace, Dianne Wilkerson, John A. Hart, Jr., Elizabeth A. Malia and Kevin G. Honan for legislation to further define the term “community development project” under the law relative to urban renewal;
Severally to the committee on Local Affairs and Regional Government.  

A report of the committee on State Administration, asking to be discharged from further consideration of the House Bill further regulating the open meeting law (House, No. 2158), and recommending that the same be referred to the committee on Education, Arts and Humanities,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the reference to the joint committee.  

Moment of Silent Prayer or Reflection.

The Chair (Mr. Rosenberg) requested that the members and guests join him in observing a moment of silent prayer or personal reflection for State Trooper Ellen E. Engelhardt. Trooper Engelhardt was seriously injured last week on duty when her cruiser was struck by another vehicle. Mr. Rosenberg said Trooper Engelhardt and her family were in our hearts and thoughts, and we all wish her a speedy recovery.

Resolutions.

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

Resolutions (filed by Ms. Chandler and Mr. Antonioni) “honoring Susan Templeton on her 16 years of outstanding service to the Wachusett Chamber of Commerce”; and

Resolutions (filed by Mr. Morrissey) “recognizing Dr. Vincent A. Cristiani for 49 years of outstanding and dedicated service in the field of education.”

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4105) of Mark J. Carron and Stephen M. Brewer for legislation to establish the positions of town treasurer and town collector in the town of Charlton,— was referred, in concurrence, under suspension of Joint Rules 12 and 7B, to the committee on Local Affairs and Regional Government.  

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 House Bill authorizing the town of Maynard to issue additional alcoholic beverages licenses (House, No. 3904),— 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 town of Maynard to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises”.  

The Senate Bill designating a certain portion of state highway Route 44 as the Prisoner of War-Missing in Action Memorial Highway (Senate, No. 1893),— was read a second time.

Pending the main question on ordering it to a third reading, Ms. Murray presented an amendment, striking out, in the title and in lines 5 and 6, the word “Memorial”.
The amendment was adopted.

The bill (Senate, No. 1893, amended) was then ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence.  

Order Adopted.

On motion of Ms. Fargo,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

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