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 30, 2004.

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

Communications.

The following communications were severally placed on file:

Communication from the Hampden County Sheriff’s Office submitting a copy of its plans of actions which outline corrective measures taken in response to the October 22, 2004 inspection of the Hampden County Sheriff’s Department and Correctional Center (received Monday, December 27, 2004); and

Communication from the Hampshire County Sheriff’s Office submitting documentation for corrective actions taken in response to a February 26, 2004 inspection of the Hampshire County Jail and House of Correction (received Monday, December 27, 2004).

Reports.

The following reports were severally read and placed on file:

A report of the Executive Office of Transportation and Construction (pursuant to line item 6000-0100 of the General Appropriation Act for fiscal year 2005) submitting various reports (received Wednesday, December 22, 2004);

A report of the Special Transportation Finance Commission (pursuant to Section 13 of Chapter 196 of the Acts of 2004) submitting its initial report (received Tuesday, December 28, 2004); and

A report of the committee on Post Audit and Oversight (pursuant to Section 63 of Chapter 3 of the General Laws, as most recently amended by Chapter 557 of the Acts of 1986) relative to Road Blocks to Cost Recovery: Key Findings and Recommendations on the Big Dig Cost Recovery Process (Senate, No. 2523) (received Wednesday, December 29, 2004), copies having been forwarded to the joint committee on Transportation and both the Senate committee on Ways and Means and the House committee on Ways and Means,— was placed on file.

Papers from the House.

A Bill designating certain land in the town of Bridgewater as conservation, agricultural, open space and passive recreational purposes (House, No. 616,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A report of the committee on Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 5097) of Reed V. Hillman, Mark J. Carron, Richard T. Moore and Stephen M. Brewer that funds received from the State of Connecticut for flood control and water resources utilization of the Thames River be distributed to certain towns affected by said project, and recommending that the same be referred to the committee on Taxation,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

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

Resolutions (filed by Mr. Pacheco) “congratulating Brandon David Sousa upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mrs. Sprague) “on the occasion of the retirement of Edward L. Hartmann, Jr.”; and
Resolutions (filed by Mrs. Sprague) “congratulating Michael Robert Kerr of Walpole upon his elevation to the rank of Eagle Scout.”

Petition.

On motion of Mr. Moore, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Wilkerson, (accompanied by bill, Senate, No. 2524) of Dianne Wilkerson for legislation to make certain technical corrections to the public construction laws of the Commonwealth,— and the same was referred to the committee on Senate Ethics and Rules.

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 establishing the office of collector-treasurer in the town of Swansea (Senate, No. 2325) (its title having been changed by the committee on Bills in the Third Reading,— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill relative to the eligibility for health insurance for school employees (House, No. 241),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Franklin to lease certain buildings (House, No. 4091,— 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 town of Franklin to lease certain buildings and land”.

The House Bill providing for recall elections in the town of Groveland (House, No. 4171),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the city of Lowell to pay a certain unpaid bill (House, No. 4782),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the city of Northampton to convert licenses for the seasonal sale of wine and malt beverages to be drunk on the premises (House, No. 5085),— 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 city of Northampton to convert seasonal licenses for the sale of wines and malt beverages to be drunk on the premises”.

Reports of Committees.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill authorizing the Teachers Retirement System to grant certain creditable service for Mary Donna Nodurf (Senate, No. 1499),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill 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.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Brian Bowman an employee of the Department of Correction (Senate, No. 2504),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows:— “An Act establishing a sick leave bank for Brian Bowman, an employee of the Department of Correction.”
Sent to the House for concurrence.

By Ms. Murray, for the committee on Ways and Means, that the House Bill authorizing the county commissioners of the county of Norfolk to borrow money for the preparation of plans and specifications for renovation of and additions to the Presidents Golf Course Clubhouse at Norfolk’s County’s Wollaston Recreational Facility (House, No. 4044),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, 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 county of Norfolk to borrow money for work on a certain golf clubhouse.”

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 relative to reinsurance agreements (House, No. 5162).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Papers from the House.

A Bill relative to the issuance of pension funding bonds by the city of Brockton (House, No. 3855,— on petition) [Local approval received],— 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the city of Brockton to issue bonds or notes.”

A Bill authorizing the town of Ashby to establish a capital reserve account (House, No. 4474,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. McGee, 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 recall elections in the town of Rowe (House, No. 4772,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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 town of Shrewsbury to establish a certain fund (House, No. 4857,— 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, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill increasing the borrowing limit of the town of Milford for the funding of the geriatric authority of Milford (House, No. 5121,— on House, No. 5071) [Local approval received on House, No. 5071],— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, 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 creditable service for certain teachers (House, No. 5131,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Tucker, 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 providing for creditable service for certain teachers and other school employees of the town of Winthrop.”

A Bill authorizing a certain question to be placed on the ballot in the town of Lancaster (printed in House, No. 5133,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. McGee, 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 exempting certain positions in the town of Winthrop from civil service law (House, No. 5149,— on petition) [Local approval received],— 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 establishing a sick leave bank for Sean Glennon, an employee of the Trial Court (see House, No. 5137), 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 (the first three 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:

Authorizing the town of Westborough to grant three additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see Senate, No. 2327);
Authorizing the town of Randolph to establish a town charter (see Senate, No. 2393);
Authorizing the city of Watertown to make certain payments (see Senate Bill, printed as House, No. 3866);
Authorizing the town of Brookline to issue pension obligation bonds or notes (see House, No. 4404); and
Relative to the appointment of certified harbormasters (see House, No. 4588).

Recess.

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

Paper from the House.

A Bill to decouple from federal production activity deduction (printed in House, No. 5156,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

By Mr. Brewer, for the committee on Ethics and Rules, on petition (accompanied by bill, Senate, No. 2524), a Bill further regulating public construction (Senate, No. 2525).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill 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.

Paper from the House.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for Sean Glennon, an employee of the Trial Court (see House, No. 5137) (which originated in the House), 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.

Recess.

There being no objection, at twenty-two minutes before one o’clock P.M., the Chair (Ms. Wilkerson) declared a recess subject to the call of the Chair; and, at seven minutes before three o’clock P.M., the Senate reassembled, Ms. Wilkerson in the Chair.

PaperS from the House.

Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for James E. Vesey, an employee of the Trial Court (see Senate, No. 2513, 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 and sent to the House for enactment.

An engrossed Bill to decouple from federal production activity deduction (see House Bill, printed in House, No. 5156), 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 and sent to the House for enactment.

An engrossed Bill increasing the borrowing limit of the town of Milford for the funding of the geriatric authority of Milford (see House, No. 5121), 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 and sent to the House for enactment.

Engrossed Bills.

An engrossed Bill establishing an economic development fund in the town of Plymouth (See Senate, No. 2390, amended) (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 re-enacted and was signed by the Acting President and again laid before the Governor for his approbation.

An engrossed Bill authorizing a certain question to be placed on the ballot in the town of Lancaster (see House bill, printed in House, No. 5133) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President and laid before the Governor for his approbation.

The following engrossed bills (the first three 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 certain school construction projects in the town of Milton (see Senate, No. 1974, changed);
Relative to civil service positions in the city of Northampton (see Senate, No. 2441, amended);
Designating a certain intersection in the city of Lynn as the Donald Ditullio Memorial Square (see Senate, No. 2483);
Relative to the eligibility for health insurance for school employees (See House, No. 241);
Authorizing the city of Brockton to issue pension funding bonds or notes (see House, No. 3855);
Authorizing the town of Franklin to lease certain buildings and land (see House, No. 4091);
Providing for recall elections in the town of Groveland (see House, No. 4171);
Authorizing the town of Ashby to establish a capital reserve account (see House, No. 4474);
Providing for recall elections in the town of Rowe (see House, No. 4772);
Authorizing the city of Lowell to pay a certain unpaid bill (see House, No. 4782);
Authorizing the town of Shrewsbury to establish a certain fund (see House, No. 4857);
Authorizing the city of Northampton to convert seasonal licenses for the sale of wines and malt beverages to be drunk on the premises (see House, No. 5085);
Providing for creditable service for certain teachers and other school employees of the town of Winthrop (see House, No. 5131);
Exempting certain positions in the town of Winthrop from civil service law (see House, No. 5149); and
Relative to reinsurance agreements (see House, No. 5162).

A Bill validating actions taken at the annual election in the town of Boxborough (printed in House, No. 4997,— being a message from His Excellency the Governor,— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Bills Returned with Recommendation of Amendment.

A message from Her Honor the Lieutenant-Governor, Acting Governor returning with recommendation of amendment the engrossed Bill further preventing insurance fraud in the Commonwealth (see House, No. 4713, amended) [for message, see House, No. 5178],— came from the House with endorsement that the House adopted the amendment recommended by the Governor (as approved by the House Committee on Bills in the Third Reading) by striking out section 1.

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 rules were suspended, on motion of Mr. Tarr and the Governor’s amendment was adopted.
Sent to the House for re-enactment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill making appropriations for the fiscal year 2004 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5076, amended) insomuch as relates to Section 123 (see House, No. 5086) [for message, see House, No. 5082],— came from the House with endorsement that the House rejected the amendment recommended by the Governor (as approved by the House 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 text of House document numbered 5180.

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.

There being no objection, the rules were suspended, on motion of Mr. Moore.

The Governor’s amendment was then rejected.
The House amendment was then considered and it was adopted, in concurrence.
Sent to the House for re-enactment.

Recess.

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

Emergency Preamble Adopted.

An engrossed Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Saugus to Thomas G. Kennedy (see House, No. 5110), 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 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:

Establishing a sick leave bank for James E. Vesey, an employee of the Trial Court (see Senate, No. 2513, amended);
Authorizing the town of Natick to enter into a certain agreement with the town of Wellesley (see House, No. 4043, amended);
Increasing the borrowing limit of the town of Milford for the funding of the geriatric authority of Milford (see House, No. 5121); and
To decouple from federal production activity deduction (see House Bill, printed in House, No. 5156).

A petition (accompanied by bill, House, No. 5182) of Jeffrey Sánchez for legislation to authorize the Supreme Judicial Court to establish a sick leave bank for a certain employee of said court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Bill Returned with Recommendation of Amendment.

A message from Her Honor the Lieutenant-Governor, Acting Governor returning with recommendation of amendment the engrossed Bill establishing municipal affordable housing trust fund (see House, No. 4709, amended) [for message, see House, No. 5181],— came from the House with endorsement that the House adopted the amendment recommended by the Governor (as approved by the House Committee on Bills in the Third Reading) in section 2 by striking out the last sentence.

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.
There being no objection, the rules were suspended, on motion of Mr. Moore.
The Governor’s amendment was then adopted.
Sent to the House for re-enactment.

Engrossed Bill.

An engrossed Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Saugus to Thomas G. Kennedy (see House, No. 5110) (which originated in the House), 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.

Emergency Preamble Adopted.

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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill validating actions taken at the annual election in the town of Boxborough (see House bill, printed in House, No. 4997) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President and laid before the Governor for his approbation.

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 re-enacted and were signed by the Acting President and again laid before the Governor for his approbation, to wit:

Establishing municipal affordable housing trust funds (see House, No. 4709, amended);
Further preventing insurance fraud in the Commonwealth (see House, No. 4713, amended); and
Authorizing the Division of Capital Asset Management and Maintenance to enter into a certain lease (see House, No. 5086).

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 calendar.

Adjournment in Memory of Shannon Lowney and Leanne Nichols.

Senator Creem requests that when the Senate adjourns today, it adjourn in the memory of Shannon Lowney and Leanne Nichols. Ten years ago today, Shannon Lowney and Leanne Nichols lost their lives at the hand of John Salvi while at work as receptionists at the Planned Parenthood and Preterm Clinics in Brookline. The motion prevailed.

Accordingly, as a mark of respect to the memory of Shannon Lowney and Leanne Nichols at one minute before five o’clock P.M., on motion of Mr. Moore, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.