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 23, 2004.

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

Distinguished Guests.

There being no objection, the Chair (Mr. Panagiotakos) introduced, in the rear of the Chamber, the West Street Serenaders from Westford. The West Street Serenaders performed two holiday songs along with their conductor David Lucier. They were the guests of Senator Panagiotakos.

Communication.

A communication was received from the Honorable Robert E. Travaglini, President of the Senate, announcing the appointment of Senators Richard T. Moore, Susan C. Tucker and Harriette L. Chandler to the special commission (established by Section 370 of Chapter 149 of the Acts of 2004) relative to residential care facilities (received in the Office of the Clerk of the Senate on Thursday, December 23, 2004),— was placed on file.

Reports.

The following reports were severally read and placed on file:

A report of the Early Education and Care Council (pursuant to Section 344 of Chapter 149 of the Acts of 2004) submitting a transition plan to consolidate existing programs of early education and care into the new Department of Early Education and Care (received Thursday, December 16, 2004); and

A report of the Early Education and Care Advisory Committee (pursuant to Section 344 of Chapter 149 of the Acts of 2004) submitting its recommendations for an early education and care system (received Friday, December 17, 2004).

Papers from the House.

A message from His Excellency the Governor recommending legislation relative to the creation of a central artery/tunnel project independent cost recovery commission (House, No. 5159),— was referred, in concurrence, to the committee on Transportation.

A Bill relative to reinsurance agreements (House, No. 5162,— on House, No. 4655),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A report of the committee on Government Regulations, asking to be discharged from further consideration on the residue of the petition (accompanied by bill, House, No. 5140) of Michael E. Costello (by vote of the town) that the town of Salisbury be authorized to issue two additional licenses for the sale of alcoholic beverages to be drunk on the premises, and recommending that the same be referred to the House committee on Rules,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.

Resolutions.

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

Resolutions (filed by Mr. Knapik) “recognizing Sheldon’s Horse, the Second Regiment of Continental Light Dragoons and its present-day members for their preservation and portrayal of the unit’s history”;
Resolutions (filed by Mr. Moore) “commending Michael S. Creasey”;
Resolutions (filed by Mr. Moore) “honoring the memory and life’s work of Mark Winetrout, a friend of the arts community”;
Resolutions (filed by Mrs. Sprague) “congratulating Brandon David Souza of Taunton upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Ms. Walsh) “congratulating Alexander J. Bisaga on the occasion of his Court of Honor”;
Resolutions (filed by Ms. Walsh) “congratulating Dennis M. Durant on the occasion of his Court of Honor”;
Resolutions (filed by Ms. Walsh) “congratulating Thomas E. Flanagan on the occasion of his Court of Honor”; and
Resolutions (filed by Ms. Walsh) “congratulating John F. Holbrook on the occasion of his Court of Honor.”

Papers from the House.

A petition (accompanied by bill, House, No. 5169) of Douglas W. Petersen for legislation to authorize the Department of Social Services to establish a sick-leave bank for Pamela Dempsey, an employee of said department, — was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Order Amended.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith:

Ordered, That, notwithstanding the provisions of Joint Rule 10 the committee on Natural Resources and Agriculture be granted until Tuesday, November 30, 2004, the time in which to make its final report on current House documents, 5097 and 5106, relative to Thames River Valley and Cherry Valley Water District respectively.

Pending the question on adoption of the order, Ms. Resor presented an amendment that the order be amended by striking out the words “Tuesday, November 30, 2004” and inserting in place thereof the following words:— “Monday, December 27, 2004”.
The amendment was adopted.
The House order was then adopted, as amended.
Sent to the House for concurrence in the amendment.

Engrossed Bills Returned by Governor.

The engrossed Bill establishing the Essex North Shore Agricultural and Technical School district (see Senate, No. 2419, amended) (which on Monday, December 13, 2004, had been laid before the Governor for his approbation), was returned to the Senate Clerk by His Excellency the Governor on Wednesday, December 22, 2004, at sixteen minutes past three o’clock P.M., with a message recommending an amendment [for message, see Senate, No. 2520].

The message (Senate, No. 2520) was read; and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.

Pending action thereon, on motion of Ms. Wilkerson, the engrossed bill was referred to the committee on Bills in the Third Reading.

Subsequently, Mr. Shannon, for the committee on Bills in the Third Reading reported, that the amendment recommended by the Governor be considered in the following form:—

“SECTION 18. Section 1 and sections 6 to 17, inclusive, shall take effect following certification by the commissioner of education of the votes required by section 4, when the Essex North Shore Agricultural and Technical School District, established in section 6, becomes the successor agency to the Essex agricultural and technical high school and the North Shore Vocational Regional School. This certification by the commissioner shall occur not later than July 1, 2009.”

The report was accepted.

The Chair (Mr. Panagiotakos) stated that under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
Ms. Murray then moved that the Senate adopt the amendment in the form recommended by the committee on Bills in the Third Reading. This motion prevailed, and the amendment was adopted.
Sent to the House for its action.

The engrossed Bill establishing an economic development fund in the town of Plymouth (see Senate, No. 2390) (which on Thursday, December 16, 2004, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the His Excellency the Governor on Wednesday, December 22, 2004 at seventeen minutes past three o’clock P.M., with a message recommending an amendment [for message, see Senate, No. 2521]..

The message (Senate, No. 2521) was read; and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.

Pending action thereon, on motion of Ms. Murray, the engrossed bill was referred to the committee on Bills in the Third Reading.

Subsequently, Mr. Shannon, for the committee on Bills in the Third Reading reported, that the amendment recommended by the Governor be considered in the following form:— in section 1, in the second sentence, by inserting after the word “constituting” the following words:— “payments in lieu of”.

The report was accepted.

The Chair (Mr. Panagiotakos) stated that under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
Ms. Murray then moved that the Senate adopt the amendment in the form recommended by the committee on Bills in the Third Reading. This motion prevailed, and the amendment was adopted.
Sent to the House for its action. 

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 financial conditions in the town of Southbridge (Senate, No. 2518),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Moore moved that the bill be amended in subsection (A) of section 3, by adding the following sentence:— “The board shall exercise its powers and duties only so long as amounts borrowed or capitalized before June 30, 2005 under sections 1 and 2 remain outstanding.”; and in subsection (B) of said section 3, by striking out the last sentence.
This amendment was adopted.
The bill (Senate, No. 2518, amended) was then passed to be engrossed.
Sent to the House for concurrence.

The House Bill increasing the minimum age for appointment as a police officer (House, No. 4218) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

Papers from the House.

A Bill ceding concurrent jurisdiction to the United States over certain property located at the former Devens Army Base (House, No. 1141,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, 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 the appointment of a clerk-treasurer of the Onset Fire District (House, No. 4932,— on petition),— 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 authorizing the city of Brockton to install, finance and operate solar energy facilities (House, No. 5098,— on petition) [Local approval received],— was read.

There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Creedon presented an amendment in section 2, by inserting after the word “bonds”, in line 19, the following words “or notes issued in anticipation of such bonds”.
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

A Bill relative to the granting of all alcoholic beverages licenses to be drunk on the premises by the town of Rockport (House, No. 5107,— 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. 

The engrossed Bill relative to compensation for certain erroneous felony convictions (House, No. 4255, amended),— came from the House with the endorsement that the House had concurred in the further Senate amendment striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2519, with still further amendments in section 1, in subsection 1, in clause B, at the end of paragraph (i), by striking out the word “and” and inserting in place thereof the word “or”; and in said section 1, in said subsection 1, in clause C, by striking out paragraph (vii) and inserting in place thereof the following paragraph:

“(vii) to the extent that he is guilty of conduct that would have justified a conviction of any lesser included misdemeanor arising out of or reasonably connected to facts supporting the indictment or complaint, that he has served the maximum sentence he would have received for such lesser included misdemeanor and not less than one additional year in a prison.”.
The rules were suspended, on motion of Mr. Tarr, and the further House amendment was considered forthwith and adopted, in concurrence. 

The House Bill prohibiting fees for mailing bills or invoices (House, No. 4398),— came from the House amended as follows: in lines 4 to 10, inclusive (as printed), by striking out the sentence contained therein and inserting in place thereof the following sentence: “A person engaged in trade or commerce shall not assess a fee, penalty or other charge for the sending of an original bill or invoice by postal mail to a natural person in this commonwealth; but this section shall not apply to a reasonable discount offered to a natural person for voluntary agreement to pay or otherwise satisfy a bill or invoice after its receipt by means other than postal mail, or for voluntary options such as customized bills or invoices.”.
The rules were suspended, on motion of Ms. Wilkerson, and the House amendment was considered forthwith and adopted, in concurrence.

Bills Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to the underground cable reimbursement schedule (see House, No. 4892) [for message, see House, No. 5158],— came from the House with endorsement that the House rejected the amendment (as approved by committee on Bills in the Third Reading).

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.
Sent to the House for re-enactment.

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:

Relative to town meeting warrants in the town of North Andover (see House, No. 4785);
Relative to town meeting warrant summaries in the town of North Andover (see House, No. 4787);
Authorizing the town of Plymouth Airport Commission to lease certain parcels of land (see House, No. 4820, amended);
Relative to certain sewer betterments in the city of Gloucester (see House, No. 4889); and
Establishing a capital depreciation fund in the town of Paxton (see House, No. 5115).

Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Thomas McCabe, an employee of the Department of Correction (see House, No. 4794, amended), 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 5 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill further preventing insurance fraud in the Commonwealth (see House, No. 4713, amended), 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 6 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for John Fitts, an employee of the Department of Youth Services (see House, No. 5092, amended), 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 7 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

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:

Relative to the establishment of a retained revenue account for the end of life care services commission (see Senate, No. 2412);
Providing greater consumer protection powers to the boards within the Division of Professional Licensure (see House, No. 5074, amended); and
Designating a certain bridge in the town of Chelmsford as the Marine Lance Corporal Andrew J. Zabierek Memorial Bridge (see House, No. 5103).

A Bill authorizing the city of Newton to establish income qualifications for a certain tax deferral program (House, No. 5119,— on petition) [Local approval received], — was read.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, 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:

Further preventing insurance fraud in the Commonwealth (see House, No. 4713, amended);
Establishing a sick leave bank for Thomas McCabe, an employee of the Department of Correction (see House, No. 4794, amended); and
Establishing a sick leave bank for John Fitts, an employee of the Department of Youth Services (see House, No. 5092, amended).

A Bill making appropriations for the fiscal year 2005 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5168,— on House, No. 4520, in part),— was read.
There being no objection, the rules were suspended, on motion of Ms. Murray, 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 amending certain appropriation acts.”

Emergency Preamble Adopted.

An engrossed Bill amending certain appropriation acts (see House, No. 5168), 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 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:

Authorizing the city of Newton to establish income qualifications for a certain tax deferral program (see House, No. 5119); and
Amending certain appropriation acts (see House, No. 5168).

Recess.

Mr. Moore in the Chair, there being no objection, at five minutes past one o’clock P.M., the Chair (Mr. Moore) declared a recess subject to the call of the Chair; and, at twelve minutes before three o’clock P.M., the Senate reassembled, Mr. Moore in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Paper from the House.

A Bill establishing a sick leave for Pamela Dempsey an employee of the Department of Social Services (House, No. 5170,— on House, No. 5169),— was read.
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.

Emergency Preamble Adopted.

An engrossed Bill relative to compensation for certain erroneous felony convictions (see House, No. 4255, amended), 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 3 to 0.
The bill was signed by the Acting President (Mr. Moore) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first two 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 re-enacted and were signed by the Acting President (Mr. Moore) and again laid before the Governor for his approbation, to wit:

Relative to the appointment of retired police officers in the town of Wakefield (see Senate, No. 2375, amended);
Establishing the Essex North Shore Agricultural and Technical School district (see Senate, No. 2419, amended); and
Relative to compensation for certain erroneous felony convictions (see House, No. 4255, changed).

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave for Pamela Dempsey an employee of the Department of Social Services (see House, No. 5170), 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 (Mr. Moore) and sent to the House for enactment.

Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Moore) and laid before the Governor for his approbation.

Engrossed Bill — Amended.

There being no objection, on motion of Mr. Tolman, the Senate reconsidered the vote by which, it had passed to be enacted the engrossed Bill amending certain appropriation acts (House, No. 5168).

On motion of Mr. Tarr, Senate Rule 49 was suspended and the bill was amended, on motion of Ms. Murray, by striking out section 4 and inserting in place thereof the following section:—

“SECTION 4. Item 7003-0702 of section 2 of chapter 352 of the acts of 2004 is hereby amended by striking out the figure “$300,000” and inserting in place thereof the following figure:— $650,000.
The amendment was adopted.
Sent to the House for concurrence in the amendment.

Recess.

There being no objection, at twenty-six minutes before four o’clock P.M., the Chair (Mr. Moore) declared a recess subject to the call of the Chair; and, at twenty-four minutes before five o’clock P.M., the Senate reassembled, Mr. Moore in the Chair.

Paper from the House.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill amending certain appropriation acts (see House, No. 5168, amended),— 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 2 to 0.

The bill was signed by the Acting President (Mr. Moore) and sent to the House for enactment.

Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Moore) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mrs. Sprague,—

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 Officer Christopher Argentinis.

Senator Pacheco requested that when the Senate adjourns today, it adjourn in the memory of the anniversary of the death of Officer Christopher Argentinis of Wareham Police Department who died on December 12, 1999.

On December 11, 1999 at approximately 8:20 p.m. he was in foot pursuit of a subject wanted on several outstanding warrants. While in the process of pursuing the suspect across Onset Avenue he was stuck by a state police cruiser responding to assist. He was seriously injured and transported to Tobey Hospital; he was Med Flighted to Boston and died on December 12, 1999.

Accordingly, as a mark of respect to the memory of Officer Christopher Argentinis at nineteen minutes before five o’clock P.M., on motion of Mrs. Sprague, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.