THE JOURNAL OF THE SENATE
OF THE YEAR
2002

Seal of the Commonwealth of Massachusetts

Printed by Order of the Senate and in Accordance with the
Provisions of Section 10 of Chapter 5 of the
General Laws

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

Wednesday, January 2, 2002.

At a General Court of the Commonwealth of Massachusetts held on the First Wednesday, being the second day of January, in the year two thousand and two, and the two hundred and twenty-sixth of the independence of the United States of America, a quorum of the members of the Senate, elected for a term of two years at an election held on Tuesday next after the first Monday of November in the year 2000, assembled at seventeen minutes past eleven o’clock A.M., in the Senate Chamber, and were called to order by the Honorable Thomas F. Birmingham, President of the Senate.

At the request of the Senate President, the members, employees and guests joined him in reciting the Pledge of Allegiance to the Flag.

A message was received from the House, by a special committee thereof, announcing that the House had convened and was ready to proceed to business.

Order Adopted.

On motion of Ms. Melconian,—

Ordered, That a committee be appointed to inform the House of Representatives that the Senate is now assembled and ready to proceed to business.

Senators Murray of Plymouth and Barnstable, Chandler of Worcester, Walsh of Norfolk and Suffolk, Creem of Middlesex and Norfolk, Sprague of Norfolk, Bristol and Plymouth and Resor of Middlesex and Worcester were appointed the committee.

Subsequently, Ms. Murray, for the committee appointed by the Senate to inform the House that the Senate was ready to proceed to business, reported that it had attended to its duty. The committee was then discharged.

Order Adopted.

On motion of Mr. Rosenberg,—

Ordered, That committee of members of the Senate and the House of Representatives be appointed to wait upon Her Honor Jane M. Swift, Lieutenant-Governor, Acting Governor, and the Honorable Council and inform them that the two branches of the General Court are now assembled and ready to proceed to business.

Senators Joyce of Suffolk and Middlesex, Antonioni of Worcester and Middlesex, Tisei of Middlesex, Tarr of Essex and Middlesex, Tolman of Middlesex and Suffolk, O’Leary of Cape and Islands and Melconian of Hampden were appointed on the part of the Senate.

Sent to the House for concurrence.

Subsequently, the order was returned with the endorsement that the House had concurred and that Representatives Miceli of Wilmington, Ruane of Salem, Swan of Springfield, Jehlen of Somerville, Teahan of Whitman, Flavin of Easthampton, Harkins of Needham, Rogers of New Bedford, Balser of Newton, Sullivan of Fall River and Gobi of Spencer were appointed on the part of the House.
Mr. Joyce, for the committee, afterwards reported that it had attended to its duty and the committee was discharged.

Order Adopted.

On motion of Mr. Travaglini,—

Ordered, That the Clerk begin printing the Journal of the Senate, as authorized by Senate Rule 6, and that the daily reading thereof be dispensed with; that, under the authority of Section 10 of Chapter 5 of the General Laws, such number of copies of the journal of the entire session as the committee on Rules shall determine be printed and bound with customary appendices and an index; and that a certified copy thereof be deposited with the Secretary of the Commonwealth as the Official Journal of the Senate.

Communication.

A communication was received from the President announcing the following appointments: Zakiya Alake, Juan M. Cofield and Robert Kinney to the Urban Initiative Advisory committee pursuant to section 137 of Chapter 133 of the Acts of 1992.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4830) of David M. Torrisi, Bradley H. Jones, Jr., and Bruce E. Tarr (by vote of the town) relative to authorizing the town of North Andover to grant a certain conservation restriction;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4831) of Paul C. Casey and Charles E. Shannon (by vote of the town) relative to authorizing the town of Winchester to establish stabilization funds;
To the committee on Taxation.

Bills

Relative to securities (House, No. 955, amended,— on petition); and

Relative to a birth defects monitoring program (House, No. 2163, amended,— on Senate, No. 510 and House, No. 2163);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill establishing a limited access deposit account (House, No. 4633,— on House, No. 1721),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills

Relative to the town of Holliston and the establishment of a cemetery care fund (Senate, No. 2144, changed);

Establishing a board of public works and a department of public works in the city of Northampton (Senate, No. 2172);

Relative to the promotion of charitable giving in the Commonwealth (House, No. 2984);

Providing for recall elections in the town of Newbury (House No. 4288, changed);

Eliminating administrative responsibility for assessing from the director or supervisory board of the division of finance (House, No. 4292);

Relative to the employment of certain minors (House, No. 4310, amended); and

Authorizing open burning in the town of Rowe (House No. 4382);
Were severally read a second time and ordered to a third reading.

Bills

Relative to clinical reports in certain actions for the appointment of guardians and conservators (House, No. 3367); and

Protecting the privacy of elderly persons (House, No. 4735);
Were severally read a second time and, after remarks, in each instance, were severally ordered to a third reading.

The Senate Bill relative to credit union real estate loans (Senate, No. 6),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Nuciforo moved that the bill be amended substituting a new draft with the same title (Senate, No. 2214).

This amendment was adopted.
After remarks, the bill (Senate, No. 2214) was then passed to be engrossed.

Sent to the House for concurrence.

The Senate Bill relative to the regulation of motor vehicle livery services and the licensing of livery operators (Senate, No. 1275),— was read a third time.
Pending the question on passing the bill to be engrossed, on motion of Ms. Creem, the further consideration thereof was postponed until the next session.

The Senate bills

Regulating liability for reporting violations to the Board of Registration in Nursing (Senate, No. 483) (its title having been changed by the committee on Bills in the Third Reading);

Authorizing municipalities to petition for public involvement plans in cases of hazardous material sites (Senate, No. 1067);

Relative to the declaration of non-cash dividends by trust companies (Senate, No. 1873); and

Further regulating the use of crossbows in the Commonwealth (Senate, No. 2162);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

The House bills

Relative to the sale of gas heating equipment (House No. 2575); and

Relative to the finances of regional school committees (House, No. 3071);
Were severally read a third time and passed to be engrossed, in concurrence.

The Senate Bill further regulating the minimum size of American lobsters (Senate, No. 1847) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and, after remarks, was passed to be engrossed.

Sent to the House for concurrence.

The House Bill increasing the fee for admitting a person to bail (House, No. 843, changed),— was read a third time and, after remarks, was passed to be engrossed, in concurrence.

The House Bill relative to gift certificates (House, No. 216),— was read a second time and, after remarks, was ordered to a third reading.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill returning tax title properties to productive use (see House, No. 4726, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was put upon its final passage.

After remarks, the question on passing the bill to be enacted was determined by a call of the yeas and nays, at twenty-nine minutes after twelve o’clock noon, on motion of Mr. Lees, as follows, to wit (yeas 33 — nays 0):

YEAS.

Antonioni, Robert A. Morrissey, Michael W.
Berry, Frederick E. Murray, Therese
Brewer, Stephen M. Nuciforo, Andrea F., Jr.
Chandler, Harriette L. O’Leary, Robert A.
Clancy, Edward J., Jr. Pacheco, Marc R.
Creedon, Robert S., Jr. Panagiotakos, Steven C.
Creem, Cynthia Stone Resor, Pamela
Glodis, Guy W. Rosenberg, Stanley C.
Havern, Robert A. Sprague, Jo Ann
Hedlund, Robert L. Tarr, Bruce E.
Jacques, Cheryl A. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Travaglini, Robert E.
Lees, Brian P. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 33.
Moore, Richard T.

NAYS — 0.

ABSENT OR NOT VOTING.

Fargo, Susan C. Montigny, Mark C.
Menard, Joan M. Shannon, Charles E. — 4.

The yeas and nays having been completed at twenty-seven minutes before one o’clock P.M., the bill was passed to be enacted and it was signed by the President and laid before the Acting Governor for her approbation.

Recess.

There being no objection, at twenty-five minutes before one o’clock P.M., the President declared a recess subject to the call of the Chair; and, at three minutes past four o’clock P.M., the Senate reassembled, the President in the Chair.

Order Adopted.

On motion of Ms. Murray,—

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

On motion of Mr. Lees, at four minutes past four o’clock P.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.