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, December 18, 2003.

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

The Senator from Essex and Middlesex, Mr. Tarr, led the Chair (Ms. Walsh), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Ms. Walsh) handed the gavel to the Senator from Plymouth and Bristol, Mr. Pacheco, who introduced students of the sixth, seventh and eighth grades of Wareham Middle School. The students-were accompanied by Linda Sacco and Robin Camba. They were the guests of Senator Pacheco.

There being no objection, the Chair (Ms. Walsh) handed the gavel to the Senator from Middlesex, Suffolk and Essex, Mr. Barrios, who introduced the first graduating class of the Commonwealth Legislative Seminar. The seminar is designed to give primarily inner city citizens a better understanding of legislative procedure and to encourage community activism. The class was the guest of Senators Barrios and Wilkerson.

Communication.

A communication from William F. Galvin, Secretary of the Commonwealth, submitting (under the provisions of Section 80 of Chapter 4 of the Acts of 2003) a copy of the Registry of Deeds Technology Committee Report (received Monday, December 15, 2003) (copies of which having been forwarded to the chairpersons of the Senate committees on Ways and Means and Post Audit and Oversight),— was placed on file.  

Petitions.

Petitions were presented and referred, as follows:

By Mr. Creedon, a petition (subject to Joint Rule 12) of Robert S. Creedon, Jr. for legislation to further regulate unemployment compensation benefits; and

By the same Senator (by request), a petition (subject to Joint Rule 12) of Dean W. Anderson for legislation relative to municipal meetings;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the Senate bills

Relative to reporting certain medication errors (Senate, No. 599),— ought to pass, with an amendment, inserting after the word “registrant”, in line 6, the following word:— “licensee”; by striking out, in line 7, the word “reregister” and inserting in place thereof the following word:— “register”; by inserting after the word “registrant” in lines 11, 15 and 17, each time it appears, the following word:— “, licensee”; by striking out, in line 23, the words “action of contract, or any other” and inserting in place thereof the following word:— “an”; and by adding the following section:—

“SECTION 2. This act shall take effect on July 1, 2004.”;

Relative to the safe administration of medications and legible prescriptions (Senate, No. 621),— ought to pass, with amendments, in section 1, by striking out, in lines 1 to 3, inclusive, the words “executive office of health and human services, in conjunction with the department of public health and the board of registration in pharmacy,” and inserting in place thereof the following words: “Betsy Lehman center for patient safety and medical error reduction”; by inserting after the word “Society”, in line 30, the following words:— “; the Massachusetts Dental Society”; by inserting after the word “commonwealth”, in line 36, the following words:— “; each of the dental schools located in the commonwealth”; in subsection (b), by adding the following sentence:— “The task force shall complete the development of its recommendations not later than December 15, 2004.”; in section 2, by striking out, in line 1, the words “task force” and inserting in place thereof the following words:— “Betsy Lehman center”; by inserting after the word “representatives”, in line 4, the following words:— “, the house and senate chairs of the joint committee on health care and the chairs of the house and senate committees on ways and means”; and by striking out, in line 4, the word “June 30” and inserting in place thereof the following word “December 31”;

Authorizing the development of a regional education, training and skills alliance center in the city of Taunton (Senate, No. 1686),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2177); and

Authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey certain land to Thayer Academy in Braintree, Massachusetts (Senate, No. 2100),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2178);
Severally referred, under Senate Rule 26, to the committee on Steering and Policy.

By Mr. Magnani, for the committee on Public Service, on the recommitted petition, a Bill authorizing the town of Harvard to employ Peter E. Warren as fire chief for two years after his sixty-fifth birthday (Senate, No. 1930) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill exempting the position of chief of police in the town of East Longmeadow from the civil service law (Senate, No. 2163) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to the election of town meeting members and validating the actions taken at certain town meetings held in the town of South Hadley (House, No. 4380);
To the committee on Election Laws.

Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to authorizing the Department of Conservation and Recreation and the Department of Fish and Game to acquire conservation restrictions in and to lands of the town of Egremont (House, No. 4387);
To the committee on State Administration.

Message from His Excellency the Governor recommending legislation relative to extending the deadline for mailing quarterly tax bills (House, No. 4388);
To the committee on Taxation.  

Bills

Relative to the protection of disabled persons (House, No. 3241,— on petition) ; and

Relative to criminal offender record information checks for assisted living employees (House, No. 4390,— on House, No. 1677);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Bills

Relative to the use of motorcyclist’s head gear in parades (House, No. 206, changed,— on petition);

Relative to interstate criminal information systems (House, No. 1489,— on petition) ; and

Relative to the pronouncement of death by a nurse practitioner (House, No. 1663,— on petition) ;
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills

Authorizing the town of Adams to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (printed as Senate, No. 2034,— on petition) [Local approval received]; and

Relative to preliminary elections in the town of Framingham (House, No. 4170,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4392) of Thomas A. Golden, Jr. and Steven C. Panagiotakos (with the approval of the city council) that the city of Lowell be authorized to grant a certain easement in park land in said city to Mark Fisher and Cheryl Fisher;
To the committee on Local Affairs and Regional Government.

Petition (accompanied by bill, House, No. 4391) of Michael F. Kane and Michael R. Knapik (with the approval of the mayor and city council) relative to the retirement of certain employees of the city of Holyoke;
To the committee on Public Service.

Resolutions.

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

Resolutions (filed by Mr. Moore) “congratulating Bellingham Senior Citizens ‘Giving Tree Project’ participants”; and

Resolutions (filed by Mrs. Sprague) “on the one hundredth birthday of Helen Thompson McGill of Dover.”

Maters 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 authorizing the appointment of Kenneth E. Wright as a police officer in the town of Mansfield (Senate, No. 1589),— 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 relative to the Dedham-Westwood Water District (Senate, No. 1965),— 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 House Bill relative to the old and historic districts commission of the town of Marblehead (House, No. 4153),— 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 providing for alternative members of the old and historic districts commission of the town of Marblehead”.  

PAPER FROM THE HOUSE.

The Senate Bill relative to the Upper Blackstone Water Pollution Abatement District (Senate, No. 1989),— came from the House passed to be engrossed, in concurrence with amendments striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4389; and inserting before the enacting clause the following emergency preamble:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to allow the immediate commencement of certain improvements to the Upper Blackstone District regional wastewater treatment facilities therefore, it is hereby declared to be an emergency law, necessary for the preservation of the public health, safety and convenience.”
The rules were suspended, on motion of Mr. Pacheco, and the House amendments (as corrected by Senate BTR) were considered forthwith and adopted, in concurrence.  

Report 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 Harold Klei for legislation to increase the tuition payable for school choice students attending classes in other educational jurisdictions.

Senate Rule 36 was suspended, on motion of Ms. Wilkerson, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities.
Sent to the House for concurrence.  

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4393) of William R. Keating, John H. Rogers and Michael W. Morrissey for legislation to establish a penalty of lifetime parole for persons failing to register as a sex offender;
Under suspension of Joint Rule 12, to the committee on Criminal Justice.

Petition (accompanied by bill, House, No. 4394) of Charles A. Murphy, Bradley H. Jones, Jr. and Carol A. Donovan relative to designating a certain bridge in the town of Bedford as the Michael P. Lenihan Memorial Bridge;
Under suspension of Joint Rule 12, to the committee on Transportation.  

Order Adopted.

On motion of Mr. Tarr,—

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 calender.

On motion of Ms. Wilkerson, at fourteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.