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.


Seal of the Commonwealth of Massachusetts


Monday, October 24, 2005.

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

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

Engrossed Bill — Laid Before the Governor.

An engrossed Bill increasing penalties for drunk drivers in the Commonwealth (see House, No. 4403, amended) (which originated in the House), having been passed to be enacted and signed by the Acting President (Mr. Havern) on Thursday, October 20, 2005,— was laid before the Governor for his approbation on Friday, October 21, 2005.


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 Western Massachusetts Correctional Alcohol Center (received Thursday, October 13, 2005),— was read and sent to the House for its information.


Petitions were presented and referred, as follows:

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation relative to teacher certification; and

By Ms. Walsh, a petition (subject to Joint Rule 12) of Marian Walsh, Elizabeth A. Malia and Michael F. Rush for legislation relative to the protection of electric and gas utility customers;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.


A Bill making appropriations for the fiscal year 2006 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4443, printed as amended,— on House, No. 4291),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the Greater Lawrence Sanitary District (House, No. 4138,— on House, Nos. 3602 and 3605),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

A Bill removing the residency requirement for the town counsel of the town of Arlington (House, No. 35,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


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

Resolutions (filed by Mr. Brown and Ms. Spilka) “commemorating the 100th football game between the towns of Framingham and Natick”;

Resolutions (filed by Mr. McGee) “congratulating Paulette Langone on her retirement from the Lynn Public Schools”;

Resolutions (filed by Ms. Murray) “congratulating Tony Andrews on the occasion of his one hundredth birthday”; and

Resolutions (filed by Messrs. Travaglini and Baddour) “congratulating John F. Burns, Jr. on his extraordinary efforts to raise awareness of the plight of the spinal cord injured and to promote stem cell research throughout the country.”


The Clerk read the following communication:


October 21, 2005.

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

Dear Mr. Clerk:

Due to a prior scheduling commitment, I was absent from the Senate Chamber during the final roll call vote on Thursday, October 20th. As president of the National Legislative Association on Prescription Drug Prices, a nonpartisan nonprofit organization that works to reduce prescription drug prices and to expand access, my presence was required at the annual fall meeting in West Virginia.

As a result, I missed the vote relative to the question on adopting the order requesting an advisory opinion from the Supreme Judicial Court on S-2244. Had I been present for this vote, I would have voted in the affirmative.

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for October 20th, 2005. Thank you in advance for your assistance in this matter.

2nd Bristol and Plymouth District.

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

The Senate Bill authorizing the city of Quincy to establish senior citizen safety zones (Senate, No. 2022),— came from the House amended as follows: in section 2 by striking out the first sentence and inserting in place thereof the following sentence:— “In a senior citizen safety zone, the city of Quincy may, by ordinance under the direction of the traffic engineer, take necessary action to reduce vehicular speed by reducing speed limits to not less than 20 miles per hour, installing signals or appropriate signs and restriping roadways.”; and

By striking out section 3 and inserting in place thereof the following 2 sections:

“SECTION 3. The city of Quincy shall notify the state traffic engineering upon the establishment of a senior citizen safety zone. The city shall notify the state traffic engineer of any reduction of speed on a functionally classified local roadway.

SECTION 4. This act shall not apply to any state highway, numbered route or functionally-classified arterial.

SECTION 5. This act shall take effect upon its passage.”
The rules were suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

Reports of Committees.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Brian A. Joyce for legislation to further regulate the prevention of homelessness.
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 Housing.
Sent to the House for concurrence.

Order Adopted.

On motion of Mr. Tisei,—

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

On motion of the same Senator, at a quarter past eleven o’clock A.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.