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

Thursday, January 17, 2002.

Met at four minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Distinguished Guests.

There being no objection, the Chair (Mr. Rosenberg) introduced, seated in the Senate gallery, the 8th grade class from the Cohasset Middle School. The class was accompanied by their teacher, Cynthia Gordon, and they were the guests of Senator Hedlund.

There being no objection, the Chair (Mr. Rosenberg) introduced, seated in the Senate gallery, the Watertown High School “Raiders” field hockey team. The team is the 2001 Division II State Champions. The team was accompanied by their Coach Eileen Donahue, Athletic Director Elaine Paradese, Principal James Cavanaugh and other school administrators. The Chair (Mr. Rosenberg) noted how successful the Watertown High School field hockey teams have been under the leadership and guidance of Coach Donahue, winning the state championship 8 times, making it one of the best programs in the state.

Petitions.

Petitions were presented and referred, as follows:

By Ms. Fargo, a petition (subject to Joint Rule 12) of Susan C. Fargo, Steven A. Tolman and Peter J. Koutoujian for legislation to designate a certain bridge in the city of Waltham as the William F. Stanley bridge; and

By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis for legislation relative to the prevention of bullying in the public schools;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill authorizing the town of Brewster to establish a road betterment fund (Senate, No. 2206) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

Ms. Resor, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:

The House bills

Relative to the Korean Veterans Memorial Highway (House, No. 4577); and

Establishing a limited access deposit account (House, No. 4633).

Committee Discharged.

Mr. Antonioni, for the committee on Education, Arts and Humanities, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 2212) of Richard T. Moore, Guy W. Glodis, George N. Peterson, Jr., James E. Vallee and other members of the General Court for legislation to validate certain actions by the Blackstone Valley Vocational Regional School District and its member towns,— and recommending that the same be referred to the committee on Local Affairs.
Under Senate Rule 36, the report was considered forthwith and accepted.

Sent to the House for concurrence.  

PAPERS FROM THE HOUSE.

The following petitions, having been transmitted by the Secretary of the Commonwealth to the Clerk of the House of Representatives as required by Article XLVIII of the Amendments to the Constitution, and having been received in the Office of the Clerk of the House on Wednesday, January 2, 2002, were referred, in concurrence, as follows:

Initiative petition of Lincoln J. Tamayo and others for the passage of “An Act relative to the teaching of English in Public Schools” (House, No. 4839);
To the committee on Education, Arts and Humanities.

Initiative petition of Carla A. Howell and others for the passage of “An Act relative to the small government act to end the income tax” (House, No. 4841);
To the committee on Taxation.  

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4853) of Arthur J. Broadhurst (with the approval of the mayor and city council) relative to authorizing Herbert Stacey and Timothy Getchell to apply for a civil service appointment in the city known as the town of Methuen, notwithstanding the maximum age requirements; and

Petition (accompanied by bill, House, No. 4856) of Jay R. Kaufman, Robert A. Havern, Susan C. Fargo and Thomas M. Stanley (by vote of the town) for legislation to authorize the town of Lexington to establish a post retirement insurance liability fund;
Severally to the committee on Public Service.  

Bills

Establishing a sick leave bank for Joseph Coleman, an employee of the trial court of the commonwealth (House, No. 852, amended,— on petition);

Establishing a sick leave bank for Rachel A. Joyce, an employee of the trial court of the commonwealth (House, No. 4553,— on petition); and

Establishing a sick leave bank for Maureen Craucher, an employee of the probate and family court department of the trial court of the commonwealth (House, No. 4750,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Resolutions.

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

Resolutions (filed by Ms. Creem) “congratulating the Brookline Human Relations—Youth Resources Commission on its 14th annual Martin Luther King celebration”;

Resolutions (filed by Mr. Montigny) “on the retirement of Doctor Joseph S. Silva, Jr.”;

Resolutions (filed by Messrs. Moore, Brewer and Glodis) “congratulating the Bay Path Regional Vocational Technical High School ‘Minutemen’ varsity football team on winning the 2001 Western/Central Massachusetts Division 3A Championship”;

Resolutions (filed by Mr. Moore) “congratulating the Bellingham High School ‘Blackhawks’ varsity football team on winning the 2001 Eastern Massachusetts Division V Super Bowl Championship”; and

Resolutions (filed by Mr. Moore) “congratulating the Northbridge High School ‘Rams’ varsity football team on winning the 2001 Central/Western Massachusetts Division II Super Bowl Championship.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

January 16, 2002.

Mr. Patrick F. Scanlan
Massachusetts Senate Clerk
State House, Room 335
Boston, Massachusetts 02133

Dear Mr. Clerk:

Due to a long standing scheduling conflict, I was unable to attend the January 8th formal session. I respectfully request this correspondence be read into the record at the next Senate session.

Had I been present I would have voted in the affirmative for Senate bill 2186, Senate bill 2218, House bill 4778, House bill 4796, House bill 4091, Senate bill 2098 and in the negative for the amendment sponsored by Senator Lees. Thank you for your assistance in this matter.

Sincerely,

 

PAMELA P. RESOR,
Middlesex and Worcester District.

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

PAPER FROM THE HOUSE.

An Initiative petition of Bryan G. Rudnick and others for an Initiative Amendment to the Constitution for the passage of “An Act relative to the protection of marriage” (House, No. 4840) (having been transmitted by the Secretary of the Commonwealth to the Clerk of the House of Representatives as required by Article XLVIII of the Amendments to the Constitution, on Thursday, January 3, 2002),— came from the House, under suspension of Joint Rule 12, referred to the committee on the Judiciary.
The Senate concurred in the suspension of Joint Rule 12, and NON-concurred in the reference to the committee on the Judiciary. On motion of Mr. O’Leary, the petition was referred to the committee on the Public Service.

Sent to the House for its action.  

Reports of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Steven A. Tolman and Barry R. Finegold for legislation to define professional musicians as employees for the purposes of collective bargaining.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Commerce and Labor.  

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey, Bruce J. Ayers, A. Stephen Tobin and Ronald Mariano (with the approval of the mayor and city council) for legislation relative to governmentally involved housing in the city of Quincy [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Housing and Urban Development.  

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Susan C. Fargo, Richard T. Moore, Patricia D. Jehlen, Dianne Wilkerson and other members of the General Court for legislation to provide coverage for lymphedema treatments.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Insurance.  

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Richard T. Moore and Kathi-Anne Reinstein for legislation to provide for the entry of the Commonwealth into the International Emergency Management Assistance Compact.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.


By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Stephen M. Brewer and John F. Merrigan (by vote of the town of Erving) for legislation relative to creditable service for Robert Miner [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.  

Severally sent to the House for concurrence.  

PAPERS FROM THE HOUSE.

The Senate Bill correcting the incest statute (Senate, No. 175),— came from the House passed to be engrossed, in concurrence, with an amendment, striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4861.
The rules were suspended, on motion of Mr. Tarr, and the House amendment (as corrected by B.T.R.) was considered forthwith and adopted, in concurrence.  

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4862) of Christopher G. Fallon relative to the creditable service of certain employees of educational collaboratives; and

Petition (accompanied by bill, House, No. 4863) of Mary S. Rogeness and Stephen M. Brewer relative to requiring the Hampden County Regional Retirement Board to provide accidental death benefits to Diane Miller-Goodrich, surviving spouse of James S. Miller;
Severally, under suspension of Joint Rule 12, to the committee on Public Service.

Petition (accompanied by bill, House, No. 4864) of Ruth B. Balser, Peter J. Koutoujian, Kay Khan, Cynthia S. Creem and Rachel Kaprielian (with the approval of the mayor and board of aldermen) relative to authorizing the city of Newton to convey a certain easement to the Massachusetts Water Resources Authority;
Under suspension of Rule 12, to the committee on State Administration.  

A Bill authorizing the town of Ware to extend health insurance to retired town employees (House, No. 4245, changed,— 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.  

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 Acting Governor for her approbation, to wit:

Relative to the disposition of certain property in the city of Lowell (see House Bill, printed as Senate, No. 1599, amended); and

Authorizing the town of Needham to establish a post retirement insurance liability fund (see House, No. 4306, amended). 

Order Adopted.

On motion of Mr. O’Leary,—

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

On motion of Mr. Tarr, at thirteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.