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, August 4, 2005.

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

Communication.

A communication from the Honorable Robert E. Travaglini, President of the Senate, announcing the appointment of Senators Susan C. Tucker and Pamela P. Resor to serve as members on the Madeline Amy Sweeney Award Committee (pursuant to Section 214 of Chapter 6 of the General Laws), effective as of Friday, July 29, 2005,— was placed on file.

Report.

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 June 2005 (received Tuesday, July 26, 2005),— was placed on file.

Petition.

Mr. Tisei presented a petition (accompanied by bill, Senate, No. 2174) of Richard R. Tisei and Michael E. Festa (with the approval of the mayor and board of aldermen) for legislation to provide a charter for the city of Melrose [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.

Reports of Committees.

By Mr. Moore, for the committee on Health Care Financing, that the Senate Bill establishing a bladder cancer screening program within the Department of Public Health (Senate, No. 1301),— ought to pass (Estimated cost — $630,000);
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to issuing motor vehicle citations on state and community college campuses (Senate, No. 2132),— ought to pass;
Referred, under Senate Rule 26, to the committee on Ethics and Rules.

Ms. Menard, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:

The House Bill relative to illegal dumping in the city of Worcester (House, No. 1748).

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4193) of Bradley H. Jones, Jr., and others for legislation to exempt certain projects from requirements contained in the community preservation law;
To the committee on Community Development and Small Business.

Petition (accompanied by bill, House, No. 4293) of William M. Straus and others (by vote of the town) that the town of Fairhaven be authorized to issue a license for the sale of wine and malt beverages to Jevon K. Malcolm and Lisa M. Malcolm doing business as Jevon Enterprises;
To the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 4294) of Robert J. Nyman and Robert S. Creedon, Jr., (by vote of the town) for legislation to provide for the appointment of two associate members to the planning board of the town of Hanover;

Petition (accompanied by bill, House, No. 4295) of Alice Hanlon Peisch and Scott P. Brown (by vote of the town) that the town of Wellesley be authorized to establish a department of financial services; and

Petition (accompanied by bill, House, No. 4296) of John F. Quinn and Stephen R. Canessa (by vote of the town) that the town of Lakeville be authorized to appoint a superintendent of streets for said town;
Severally to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 4207) of Eugene L. O’Flaherty, Kathi-Anne Reinstein and Jarrett T. Barrios (with the approval of the city council) relative to the use of motor scooters in the city of Chelsea;
Under suspension of Joint Rule 12, to the committee on Public Safety and Homeland Security.

Petition (accompanied by bill, House, No. 4297) of Lewis G. Evangelidis (by vote of the town) relative to the interest on tax deferral agreements in the town of Princeton;
To the committee on Revenue.

Bills

Authorizing the town of Brookline to increase the expenditure cap on revolving funds (House, No. 4112,— on petition) [Local approval received]; and

Relative to pension benefits for William I. Griffiths (House, No. 4123,— on petition) [Local approval received];
Were severally 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 Mr. Augustus) “congratulating the Worcester East Side Babe Ruth Baseball team.”

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the House Bill relative to the Springfield Finance Control Board (printed in House, No. 4185),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 authorizing indemnification of certain officers for actions concerning the city of Springfield.”

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 relative to the financing and construction of a public parking garage and other improvements in the city of Worcester (Senate, No. 2172),— was read a second time.
Pending the question on ordering it to a third reading, on motion of Mr. Augustus the bill was referred to the Senate committee on Ways and Means.

The Senate Bill relative to the redetermination of municipal sewer assessments (Senate, No. 1203),— 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 Middlesex Retirement Board to grant a certain pension to Dale S. Prentiss (Senate, No. 1586),— was read a second time and ordered to a third reading.

The Senate Bill pertaining to the health insurance of a disabled police sergeant (Senate, No. 1587),— was read a second time, ordered to a third reading and read a third time.

Mr. Brewer for the committee on Bills in the Third Reading, reported, recommending that the same be consolidated with the Senate Bill granting certain pension benefits to Dale S. Prentiss (Senate, No. 1586), likewise referred to said committee, as a new draft entitled “An Act granting certain retirement and health insurance benefits to Dale S. Prentiss” (Senate, No. 2175).
The report was accepted.
The bill (Senate, No. 2175) was then passed to be engrossed.
Sent to the House for concurrence.

Reports of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill relative to disability retirement benefits for veterans (Senate, No. 2035),— ought to pass, with an amendment in section 1, by adding the following sentence:— “This paragraph shall only take effect upon its acceptance by the majority vote of the board of a system, subject to the approval of the legislative body. For purposes of this paragraph, legislative body shall mean in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a district, the district members, in the case of an authority, the governing body and in the case of a regional retirement system, the regional retirement board advisory council.”; and in section 3, by adding the following sentence:— “This section shall only take effect upon its acceptance by the majority vote of the board of a system, subject to the approval of the legislative body. For purposes of this paragraph, the legislative body shall mean in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a district, the district members, in the case of an authority, the governing body and in the case of a regional retirement system, the regional retirement board advisory council.”.
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. 2035, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the conveyance of certain land in the town of Tewksbury to Robert W. Lafreniere (House, No. 1421),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Augustus, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 Stephen M. Brewer and Lewis G. Evangelidis for legislation to amend the enclosure for public and semipublic outdoor inground swimming pools.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety and Homeland Security.

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 Stephen M. Brewer for legislation relative to missing persons.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety and Homeland Security.

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 Stephen M. Brewer for legislation relative to a retirement buy-back from the Massachusetts teachers’ retirement system.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Stephen M. Brewer, Edward M. Augustus, Jr., John J. Binienda, James B. Leary and other members of the General Court for legislation to provide for completion of the Korean War Memorial of Central Massachusetts and a walkway of honor recognizing Massachusetts’ fallen war heroes and gold star families.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Veterans and Federal Affairs.

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 Stephen J. Buoniconti for legislation to designate the official blues artist of the Commonwealth.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Tourism, Arts and Cultural Development.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4321) of William M. Straus relative to the discharge of sewage from marine vessels into the waters of the Commonwealth;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 4322) of Arthur J. Broadhurst for legislation to repeal the law relative to no-fault motor vehicle insurance;
Under suspension of Joint Rule 12, to the committee on Financial Services.

Petition (accompanied by bill, House, No. 4323) of Eugene L. O’Flaherty relative to liens by attorneys in cases involving contingent fee agreements with clients;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

A petition (accompanied by bill, House, No. 4194) of Bradford Hill relative to further regulating the thoroughbred racing industry in the Commonwealth,— came from the House referred to the committee on Economic Development and Emerging Technologies.
The Senate NON-concurred in the reference to the committee on Economic Development and Emerging Technologies.
On motion of Mr. Augustus, the petition was referred to the committee on the Consumer Protection and Professional Licensure.

A petition (accompanied by bill, House, No. 4195) of David L. Flynn and others for legislation to establish a pari-mutuel enhancement program for the Commonwealth,— came from the House referred to the committee on Economic Development and Emerging Technologies.
The Senate NON-concurred in the reference to the committee on Economic Development and Emerging Technologies.
On motion of Mr. Augustus, the petition was referred to the committee on the Consumer Protection and Professional Licensure.
Severally sent to the House for its action.

Engrossed Bills.

The following engrossed bills (the first 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 Acting President and laid before the Governor for his approbation, to wit:

Exempting certain positions in the fire department in the city of Northampton from the civil service law (see Senate, No. 2069, amended); and

Relative to borrowing by the town of Milford for the funding of the geriatric authority of Milford (see House, No. 4182).

A petition (accompanied by bill, House, No. 4324) of Daniel E. Bosley and others for legislation to establish programs for economic investments for the promotion of job growth in the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Economic Development and Emerging Technologies.

Engrossed Bills.

An engrossed Bill authorizing indemnification of certain officers for actions concerning the city of Springfield (see House Bill, printed in House, No. 4185) (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, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President and laid before the Governor for his approbation.

The Senate Bill exempting certain positions in the police department in the city of Northampton from the civil service law (Senate, No. 2074, amended),— came from the House passed to be engrossed, in concurrence with an amendment by striking out all after the enacting clause and inserting in place thereof the following:

“Section 1 of chapter 500 of the acts of 2004 is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:—

(b) Pursuant to the Memoranda of Understanding between the city of Northampton and the International Brotherhood of Police Officers, effective July 1, 2003, the following positions shall be covered by this act and the code of ordinances of the city of Northampton:— (1) all patrol officers, (2) all police sergeants, (3) all police lieutenants, (4) all police captains, and (5) the chief. These positions shall be exempt from chapter 31 of the General Laws”.
The rules were suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

A petition (accompanied by bill, House, No. 4325) of Kathi-Anne Reinstein for legislation to authorize the Trial Court to establish a sick leave bank for Sandra Spires, an employee of said court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Order Adopted.

On motion of Mr. Tisei,—

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.

On motion of Mr. Knapik, at sixteen minutes before twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.