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, September 11, 2003.

Met at one minute past eleven o’clock A.M. (Ms. Walsh 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 Middlesex, Mr. Shannon, led the Chair (Ms. Walsh), members, guests and employees in the recitation of the pledge of allegiance to the flag.

The Chair (Ms. Walsh), then requested that the members, guests and employees join her for a moment of silence for those who lost their lives and for the families who their loved ones due to the terrorist attacks on this country two years ago today.

Distinguished Guest.

There being no objection, the Chair (Ms. Walsh) handed the gavel to the Senator from Middlesex and Worcester, Ms. Resor, who introduced, seated in the back of the Chamber, Lauren Rosenzweig and Officer Scott Howell. Ms. Rosenzweig and Officer Howell were at the State House to attend the Madeline Amy Sweeney Award for Civilian Bravery ceremonies. They were the guests of Senator Resor.

Communications.

Ms. Walsh in the Chair, a communication was received from the Minority Leader announcing the following appointments:

Senator Tarr to the special commission established (under Section 595 of Chapter 26 of the Acts of 2003) to study the ecological and environmental impact of the oil spill in Buzzards Bay.

Senator Hedlund to the special commission established (under Section 599 of Chapter 26 of the Acts of 2003) relative to transportation restructuring.

Senator Sprague to the special commission established (under Section 130 of Chapter 46 of the Acts of 2003) to study the sale of tax receivables.

Senator Knapik to the special commission established (under Section 137 of Chapter 46 of the Acts of 2003) to investigate, study and make a report on the annual municipal census.

Senator Tisei to the special commission established (under Section 138 of Chapter 46 of the Acts of 2003) to investigate, study, and make legislative recommendations on the adequacy and efficiency of laws and regulations governing public construction projects.

The following communications were severally placed on file:

Communication from the Massachusetts Highway Department relative to various reports filed with Ways and Means (received Monday, August 4, 2003);

Communication from the Massachusetts Turnpike Authority submitting a copy of its audited financial statements for fiscal year 2002 (received Friday, August 22, 2003); and

Communication from the Water Resources Commission relative to its approval of a desalinization plant to be constructed in Dighton (received Thursday, September 4, 2003).

Reports.

The following reports were severally read and placed on file:

A report of the Boston University/Chelsea Partnership (under the provisions of Section 13 of Chapter 133 of the Acts of 1989) submitting its report for 2003 (received Friday, August 29, 2003);

A report of the Massachusetts Capital Resource Company (under the provisions of Section 12 Chapter 816 of the Acts of 1977) relative to its current status (received Tuesday, September 2, 2003);

A report of the Chief Justice for Administration and Management of the Trial Court (under the provisions of Section 15 of Chapter 358 of the Acts of 1996, as amended by Section 20 of Chapter 70 of the Acts of 2002) submitting the intrim report on the implementation of the expansion of the civil one trial system (received Wednesday, September 3, 2003); and

A report of the State Ethics Commission (under the provisions of Section 2(1) of Chapter 268B of the General Laws) submitting its annual report for fiscal year 2003 (received Friday, September 5, 2003).

A report of the Bureau of Special Investigations (under the provisions of Section 11(8) of Chapter 14 of the General Laws) submitting its reports for the months of May, June and July 2003 (received Monday, September 8, 2003),— was read and sent to the House for its information.

Petitions.

Petitions were presented and referred as follows:

By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2088) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation relative to impact fees in a business development overlay district in the town of Wareham [Local approval received];
Under Senate Rule 20, to the committee on Commerce and Labor.

By Ms. Murray, a petition (accompanied by bill, Senate, No. 2086) of Therese Murray (by vote of the town) for legislation to authorize the disposition by exchange of land held for preservation of natural scenic and open qualities in the town of Barnstable [Local approval received];
Under Senate Rule 20, to the committee on Local Affairs and Regional Government.

By Mr. Morrissey, a petition (accompanied by bill, Senate, No. 2085) of Michael W. Morrissey, Bruce J. Ayers and A. Stephen Tobin (with the approval of the mayor and city council) for legislation relative to hiring Paul M. Holland, Jr. as a police officer in the city of Quincy [Local approval received];
Under Senate Rule 20, to the committee on Public Service.

By Mr. Knapik, a petition (accompanied by bill, Senate, No. 2087) of Michael R. Knapik and Donald F. Humason, Jr. (with the approval of the mayor and city council) for legislation to authorize the Department of Highways and the city of Westfield to divert the use of certain parcels of land in the city of Westfield for the Great River Bridge project; [Local approval received];
Under Senate Rule 20, to the committee on Transportation.
Severally sent to the House for concurrence.

By Mr. Knapik, a petition (subject to Joint Rule 12) of Michael R. Knapik and Donald F. Humason, Jr. for legislation to authorize the Department of Mental Retardation to establish a sick leave bank for Evelyn Gadomski, an employee of said department;
Under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of a Committee.

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 estate of homestead (Senate, No. 995);

Relative to establishing a distinctive registration plate (Senate, No. 2006); and

Relative to electronic signatures (Senate, No. 2076).

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to repeat drunk driver offenders (House, No. 4155),— was referred, in concurrence, to the committee on Criminal Justice.  

A Bill relative to police examinations (House, No. 3942,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

A Bill relative to the municipal election in the city of Malden in the year 2003 (House, No. 3877,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

A report of the committee on Government Regulations, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4120) of John F. Quinn, Paul J. Donato and Mary S. Rogeness relative to the licensure and regulation of pawnbrokers, and recommending that the same be referred to the committee on Banks and Banking,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.  

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4162) of Peter V. Kocot and Michael R. Knapik that the licensing authority of the town of Southampton be authorized to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises to Shree Gurudev Corporation, d/b/a Southampton Beer and Wine;
Under suspension of Joint Rule 7B, to the committee on Government Regulations.

Petition (accompanied by bill, House, No. 4163) of Daniel E. Bosley that the town of Florida be authorized to lease certain land to New England Wind, LLA for the development of a wind farm;
Under suspension of Joint Rule 7B, to the committee on Local Affairs and Regional Government.

Petition (accompanied by bill, House, No. 4161) of Colleen M. Garry, Kathleen M. Teahan and Michael W. Morrissey relative to establishing the Madeline Amy Sweeney Award for Civilian Bravery;
Under suspension of Joint Rule 12, to the committee on Public Safety.  

Resolutions.

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

Resolutions (filed by Ms. Chandler) “congratulating Jeanne Angela Pelletz on her fiftieth birthday”;

Resolutions (filed by Mr. Lees) “on the occasion of the one hundred twentieth anniversary of the Springfield Day Nursery”;

Resolutions (filed by Mr. Lees) “celebrating the fiftieth anniversary of the commissioning of the USS Northampton”;

Resolutions (filed by Mr. Pacheco) “honoring Arlene R. Dickens”;

Resolutions (filed by Mr. Tisei) “in recognition of the town of Stoneham’s Tenth Annual Al Duff, Jr. Memorial Run for D.A.R.E.”; and

Resolutions (filed by Mr. Tisei) “celebrating the town of Stoneham’s twentieth annual Town Day.”

Reports of Committees.

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Elizabeth S. Bridge for legislation to exempt certain persons from jury duty.
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.  

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Dianne Wilkerson, Paul C. Demakis, Jarrett T. Barrios, Salvatore F. DiMasi and Kevin G. Honan for legislation to provide for the issuance of a distinctive registration plate to restore, preserve and enhance the Charles River Esplanade.
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 Public Safety.
Severally sent to the House for concurrence.  

Petition.

On motion of Mr. Tolman, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Havern (accompanied by bill) of Robert A. Havern and Jay R. Kaufman for legislation to provide for retirement benefits earned by individuals employed for five years or longer in work shops for the training and employment of blind persons,— and the same was referred to the committee on Human Services and Elderly Affairs.
Sent to the House for concurrence.  

Bill Previously Recalled from the Governor

Laid Before the Senate.

The engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey an easement in certain land located in the town of Concord (see House, No. 1375, amended) which, at a previous session, had been returned by His Excellency the Governor, at the request of the Senate,— was laid before the Senate.

There being no objection, on motion of Mr. Hedlund, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.

On motion of Mr. Rosenberg, Senate Rule 49 was suspended.

Ms. Fargo presented an amendment, striking out all after the enacting clause and inserting in place thereof the following text:—

“The commissioner of capital asset management and maintenance, acting in consultation with the state police and the department of highways, may, subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws, grant an easement in certain land located in the town of Concord for highway purposes. The consideration to be paid to the division by the grantee of such easement shall be for a nominal fee as determined by the commissioner of the division. The property interest established by the granting of the easement shall revert to the commonwealth if the property described in this act is used for a purpose other than the purpose set forth in this act. The parcel is approximately 0.6 acres and is part of a larger tract of land owned by the commonwealth shown as ‘Lot 1 24,861 S.F.’ and a portion of the ‘Driveway Easement (1,400 S.F.)’ on a plan entitled ‘Easement Plan of Land in Concord, MA prepared for the Town of Concord, scale 1"=50' June 27, 2002’. The exact boundaries of the easements shall be determined by the commissioner in consultation with the department of the state police after completion of a survey.”
This amendment was adopted.
Sent to the House for concurrence in the amendment.  

PAPER FROM THE HOUSE.

A Bill relative to the powers of the Devens Enterprise Commission (House, No. 4144,— on Senate, No. 463),— was read.
There being no objection, the rules were suspended, on motion of Mr. Shannon, 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 the Devens Enterprise Commission to grant certain licenses.”.  

Matter Taken Out of the Orders of the Day.

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

The Senate Bill relative to certain school construction projects in the town of Milton (Senate, No. 1974, changed),— 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.  

Report of a Committee.

Ms. Jacques, 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 designating a certain parcel of land in the city of Boston as the Guido Salvucci Bocci Court (House, No. 3883).

There being no objection, the rules were suspended, on motion of Mr. Tolman, 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 designating a certain parcel of land in the city of Boston as the Guido Salvucci Bocci Court.”  

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Emanuel Roque an employee of the Department of Correction (see House, No. 3916), 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 4 to 0.
The bill was signed by the Acting President and sent to the House for enactment.  

Engrossed Bill.

An engrossed Bill designating the chief of police of the town of East Bridgewater as the appointing authority for the, police department (see Senate, No. 2000) (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.  

A petition (accompanied by bill, House, No. 4160) of Colleen M. Garry and Kathleen M. Teahan that the Registrar of Motor Vehicles be directed to establish a fund for a memorial to the victims of the September 11, 2001 terrorist attack on America,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Safety.  

Recess.

There being no objection, at nineteen minutes past eleven o’clock A.M., the Chair (Ms. Walsh) declared a recess subject to the call of the Chair; and at nine minutes past twelve o’clock noon, the Senate reassembled, Ms. Walsh in the Chair.

PAPERS FROM THE HOUSE.

A Bill relative to the United We Stand distinctive vehicle registration plates (House, No. 4160,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Shannon, 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 relative to the United We Stand distinctive registration plates.”  

A Bill establishing the Madeline Amy Sweeney Award for Civilian Bravery (House, No. 4161, amended,— on petition),— 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 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 enacted and were signed by the Acting President and laid before the Governor for his approbation, to wit:

Designating a certain parcel of land in the city of Boston as the Guido Salvucci Bocci Court (see House, No. 3883);

Establishing a sick leave bank for Emanuel Roque an employee of the Department of Correction (see House, No. 3916); and

Authorizing the Devens Enterprise Commission to grant certain licenses (see House, No. 4144).

Recess.

There being no objection, at thirteen minutes past twelve o’clock noon, the Chair (Ms. Walsh) declared a recess subject to the call of the Chair; and at twenty-one minutes before one o’clock P.M., the Senate reassembled, Ms. Walsh in the Chair.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (both 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 enacted and were signed by the Acting President and laid before the Governor for his approbation, to wit:

Relative to the United We Stand distinctive registration plates (see House, No. 4160); and

Establishing the Madeline Amy Sweeney Award for Civilian Bravery (see House, No. 4161, amended).

Orders Adopted.

Ms. Melconian presented the following order to wit:—

Ordered, That the members of the Senate committee on Ways and Means and the Senate members of the Joint Committee on Commerce and Labor be authorized to sit with the members of the Senate committee on Science and Technology for the purpose of conducting a public hearing on Monday, September 15 to consider House Bill making one-time investments in emerging technologies to stimulate job creation and economic opportunity throughout the Commonwealth (House, No. 3955).
There being no objection, the order was considered forthwith; and it was adopted.  

On motion of Ms. Resor,—

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
Sergeant Joseph M. Camara.

Mr. Montigny presented a request that when the Senate adjourns today, it adjourn in memory of Staff Sergeant Joseph M. Camara.

Sergeant Camara was killed in action in Iraq on Monday, September 1, 2003, while serving with the 115th Military Police Company of the Rhode Island National Guard. Sergeant Camara, a 20 year veteran of the National Guard, also served as a New Bedford Police Officer. He is survived by his wife and three children. This motion prevailed.

Accordingly, as a mark of respect to the memory of Sergeant Joseph M. Camara, at eighteen minutes before one o’clock P.M., on motion of Mr. Hedlund, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.