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 16, 2004.

Met at seventeen minutes past eleven o’clock A.M. (Ms. Resor in the Chair).

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

Recess.

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

Distinguished Guest.

There being no objection, the Chair (Mr. Havern) introduced, seated in the Senate gallery, Lucas O’Brien and his father, who were guests of Senator Joyce. Lucas is the nephew of Senator Joyce and former Senator John O’Brien.

Communication.

A communication was received from the Senate President announcing the appointments of Mr. Gary Shephard, Administrator, Pioneer Valley Transit Authority, James Aloisi, Attorney, Goulston & Storrs and Mr. Chris Vincze, Senior Vice President & National Practice Leader, Marsh, to the special transportation finance commission (established pursuant to section 13 of chapter 196 of the Acts of 2004) to develop a comprehensive, multi-modal, long-range, transportation finance plan for the commonwealth.

Petition.

Ms. Resor presented a petition (subject to Joint Rule 12) of Pamela P. Resor and James B. Eldridge for legislation relative to the negotiation of taxes due under a tax increment financing,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill designating a memorial name to an intersection in Lynn (Senate, No. 2483); and

By Mr. McGee, for the committee on Criminal Justice, on petition (accompanied by bill, Senate, No. 2324), a Bill relative to evidence of negligence in motor vehicle homicide (Senate, No. 2484);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

PAPER FROM THE HOUSE.

A Bill establishing a sick leave bank for a certain employee of the Department of Social Services (House, No. 4841,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 Resolutions.

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

Resolutions (filed by Mr. Barrios) “honoring Alice Hoffman”;
Resolutions (filed by Mr. Berry) “congratulating Salem State College on its one hundred and fiftieth anniversary”;
Resolutions (filed by Mr. Hedlund) “on the occasion of the fiftieth reunion of the Weymouth High School Class of 1954”;
Resolutions (filed by Mr. Morrissey) “on the retirement of State Trooper Michael Philip Dorn”;
Resolutions (filed by Mr. Pacheco) “on the retirement of Dr. Wayne Lague”;
Resolutions (filed by Mrs. Sprague) “on the retirement of Lieutenant Ronald Buck”;
Resolutions (filed by Mrs. Sprague and Mr. Brown) “on the occasion of the sixth annual Attleboro Prisoner of War-Missing in Action Recognition Day and in remembrance of September 11, 2001”; and
Resolutions (filed by Ms. Wilkerson) “honoring St. John Missionary Baptist Church.”

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

RECOGNIZING THE THIRD WEEK IN SEPTEMBER AS AMERICA’S LEGISLATORS BACK TO SCHOOL WEEK.

Whereas, The Commonwealth of Massachusetts was established as a representative democracy in which all governmental power is inherent in the people who exercise that power through the Legislative, Executive and Judicial branches; and

Whereas, In recent years, citizen interest in government and knowledge of the political system has declined, in part due to a weakening belief in, and, a lack of understanding of the virtues and knowledge needed for a successful Republican form of government; and

Whereas, Benjamin Rush, signer of the Declaration of Independence stated, “There is but one method of rendering a Republican form of government durable, and that is by disseminating the seeds of virtue and knowledge through every part of the State by means of proper places and modes of education and this can be done effectively only by the aid of the Legislature”; and

Whereas, The National Conference of State Legislatures has passed a resolution providing that the operations of the State Legislatures and the roles of individual legislators are often little understood by citizens, and that public understanding of the institutions and processes of the government is critical to building public trust and confidence; and

Whereas, The National Conference of State Legislatures resolution also provides that State Legislatures need to bring about a better understanding of the concept of Representative Democracy and that education relative to Representative Democracy should emphasize the importance of compromise and the difficulty of resolving competing interests in a diverse society; and

Whereas, Civic education is a vital tool to promote greater understanding of the Legislative Institution and the role of legislators in Representative Democracy; and

Whereas, The National Conference of State Legislatures has established America’s Legislators Back to School Week, a national event during which State Legislators across the nation visit schools and classrooms to talk about the Legislature and to observe activities in the schools to the benefit of legislators, administrators, teachers and students alike; now therefore be it

Resolved, That the Massachusetts Senate hereby expresses its strong support for civic education to promote greater understanding of the Legislative Institution and the role of legislators in Representative Democracy and further joins in recognizing the third week in September as Massachusetts Legislators Back to School Week and urges all members of the Legislature to participate therein; and be it further

Resolved, That the Clerk of the Senate is hereby directed to print a copy of these resolutions in the Journal of the Senate.

Petition.

On motion of Mrs. Sprague, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Brewer, (accompanied by bill) of Stephen M. Brewer, Anne M. Gobi, Robert A. DeLeo and Christopher J. Donelan for legislation relative to the water supply protection trust,— and the same was referred to the committee on Natural Resources and Agriculture.
Sent to the House for concurrence.

Reports of a Committee.

The following reports of the committee on Government Regulations, ought not to pass (under Joint Rule 10) the time within which the said committee was required to report having expired,— were considered as follows:—

On the petition (accompanied by bill, Senate, No. 2448) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation to authorize the town of Wareham to grant 5 additional licenses for the sale of all alcoholic beverages to be drunk on the premises.
On motion of Ms. Resor, the petition was recommitted to the Joint Committee on Government Regulations.

On the petition (accompanied by bill, Senate, No. 2451) of Guy W. Glodis and Paul K. Frost (by vote of the town) for legislation to authorize the town of Millbury to grant an additional license for the sale of alcoholic beverages to be drunk on the premises.
On motion of Mrs. Sprague, the petition was recommitted to the Joint Committee on Government Regulations.

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 establishing a sick leave bank for Noreen Whitaker, an employee of the Department of Fire Services (House, No. 5065).
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.

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 relative to the charter of the city of Pittsfield (House, No. 5034),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill relative to dental hygienists (House, No. 4653),— was read a second time.

Mr. Berry presented an amendment by inserting after section 1 the following 2 sections:—

“SECTION 1A. Paragraph (a) of said section 9 of said chapter 94C, as so appearing, is hereby amended by adding the following paragraph:—

A practitioner, as defined in section 1, may cause controlled substances to be administered under his direction by a licensed dental hygienist, for the purposes of local anesthesia only.

SECTION 1B. Paragraph (c) of said section 9 of said chapter 94C, as so appearing, is hereby amended by adding the following paragraph:—

A licensed dental hygienist who has obtained a controlled substance from a practitioner, as defined in section 1, for dispensing to an ultimate user pursuant to paragraph (a) shall return to such practitioner any unused portion of the substance which is no longer required by the patient.”
The amendment was adopted.
The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with amendment.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.

A Bill authorizing the town of Brookline to lease certain town-owned properties for twenty-five years (House, No. 4164,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mrs. Sprague, 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 providing for a charter for the town of Plymouth (House, No. 5064,— on House No. 4956) [Local approval received on House, No. 4956],—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.

 Engrossed Bill.

An engrossed Bill prohibiting discrimination against veterans in employment (see House, No. 1053, amended) (which originated in the House), having been certified by the Assistant Clerk, Acting Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. Havern) and again laid before the Governor for his approbation.

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 (Mr. Havern) and laid before the Governor for his approbation, to wit:

Authorizing the Board of Selectmen of Acton to lease a certain parcel of land (see Senate, No. 1981, amended); and

Providing for an early retirement incentive program for the city of Medford (see House, No. 4961, changed).

Emergency Preamble Adopted.

An engrossed Bill providing for the annual observance of World War II Commemoration Day (see House, No. 1201), having been certified by the Assistant Clerk, Acting 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. Havern) and sent to the House for enactment.

Bills Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill modernizing the transportation system of the Commonwealth (House, No. 4771, amended) as relates to section 104 (See House, No. 5059) [for message, see House, No. 5056],— came from the House with endorsement that the House rejected the amendment recommended by the Governor (as approved by the committee on Bills in the Third Reading) and had adopted an amendment striking out all after the enacting clause and inserting in place thereof the following text:

“Section 104 of chapter 291 of the acts of 2004 is hereby amended by adding the following sentence:— Section 102 of this act shall take effect on July 1, 2006 and section 103 of this act shall take effect on June 30, 2006.”.

The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.

The Senate then rejected the amendment recommended by the Governor.

The House amendment was considered forthwith.

Mr. Baddour presented an amendment that the Senate concur with the House amendment with a further amendment striking out all after the enacting clause and inserting in place thereof the following text:—

“Chapter 291 of the acts of 2004 is hereby amended by adding the following section:—

SECTION 104. Section 98 and 103 of chapter 236 of the acts of 2000 are hereby repealed. Section 102 shall take effect on July 1, 2006 and section 103 shall take effect on June 30, 2006.”
The amendment was adopted.
The House amendment, as amended, was then adopted.
Sent to the House for concurrence, in the further Senate amendment.

Order Adopted.

On motion of Ms. Resor,—

Ordered, That when the Senate adjourns today, it adjourn rime of 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 Mrs. Sprague, at nine minutes before twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.