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  

Monday, February 11, 2002.

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

Communication.

A communication from the Secretary of the Executive Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the General Laws) transmitting notice relative to proposed changes in fees for licenses, permits and services to be charged by certain agencies (received Thursday, February 7, 2002),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:

By Ms. Murray, a petition (subject to Joint Rule 12) of Therese Murray, Ruth W. Provost, Matthew C. Patrick, Demetrius J. Atsalis and Eric Turkington (by vote of the town) for legislation to authorize the Division of Capital Asset Management and Maintenance to convey certain conservation land to the town of Sandwich [Local approval received];

By Mr. O’Leary, a petition (subject to Joint Rule 12) of Robert A. O’Leary, Therese Murray, Eric Turkington, Shirley Gomes and other members of the General Court for legislation to authorize Cape Cod Community College to borrow funds for the planning, design nd construction of a new technology building; and

By Mr. Rosenberg, a petition (subject to Joint Rule 12) of Stanley C. Rosenberg, Cory Atkins, Marian Walsh, Richard T. Moore and other members of the General Court for legislation to provide for a tax amnesty program;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of a Committee.

Ms. Menard, for the committee on Rules, reported a report recommending changes to the rules of the Senate (Senate, No. 2239). The report was read.
Pending the question on acceptance of the report, on motion of Mr. Shannon, the further consideration thereof was postponed until the next session.  

Ms. Menard, for the committee on Rules, reported a report recommending that the Joint Rules of the preceding General Court be adopted as the Joint Rules of the present General Court with adopted as the Joint Rules of the present General Court with recommended changes (Senate, No. 2240). The report was read.
Pending the question on acceptance of the report, on motion of Ms. Wilkerson, the further consideration thereof was postponed until the next session.  

Order Adopted.

Ms. Menard presented the following order:

Ordered, That full consideration shall be allowed by the Senate on Tuesday, February 12, 2002 on reports from the committee on Rules relative to changes to the Senate and Joint rules (Senate, Nos. 2239 and 2240), and on various House and Senate matters reported by the committee on Senate Ways and Means on Monday, February 11, 2002. All amendments to the reports of the Rules Committee (Senate, Nos. 2239 and 2240), as well as to Senate, No. 2243, relative to establishing an environmental justice designation program; Senate, No. 2244, providing for certain information technology improvements, and Senate, No. 2245, providing for certain transportation improvements, which have been reported from the committee on Ways and Means, shall be filed with the Clerk of the Senate no later than eleven o’clock A.M. on Tuesday, February 12.
There being no objection, the order was considered forthwith and adopted.  

Report 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 Guy W. Glodis and Joseph F. Wagner for legislation relative to the special election for the First Essex Senatorial District.
Senate Rule 36 was suspended, on motion of Mr. Baddour, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Election Laws.

Sent to the House for concurrence.  

Ms. Resor, 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 further regulating the sale of mercury thermometers (House, No. 3772).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and ordered to a third reading.  

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 further regulating the use of headlights (Senate, No. 2220),— was considered, the question being on passing it to be engrossed.
On motion of Ms. Wilkerson, the further consideration thereof was postponed until Tuesday, February 19.

The House Bill relative to the promotion of charitable giving in the Commonwealth (House, No. 2984),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Lees moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:—

“Chapter 6 of the General Laws is hereby amended by inserting after section 15KKKK, inserted by chapter 107 of the acts of 2001, the following section:—

Section 15LLLL. The governor shall annually issue a proclamation setting apart November 15 as Philanthropy Day and recommending that those public and private organizations and individuals strongly influencing and promoting philanthropic activities within the commonwealth be recognized and that the day be observed in an appropriate manner by the people.”; and by striking out the title and inserting in place thereof the following title:— “An Act designating November 15 as Philanthropy Day.”.
The amendments were adopted.
The bill was then passed to be engrossed, in concurrence, with the amendments.
Sent to the House for concurrence in the amendments.
 

The House Bill providing for a board of public works in the town of Pepperell (House, No. 4585),— was read a third time and passed to be engrossed, in concurrence.  

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to voting precincts in the town of Framingham (see House, No. 4805) (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 Acting Governor for her approbation.  

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, on House, No. 4603, in part, a “Bill providing for certain information technology” (Senate, No. 2244).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Shannon, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, on House, No. 4603, in part, a “Bill providing for capital facility improvements and repairs for the Commonwealth” (Senate, No. 2245).
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and ordered to a third reading. 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill establishing an environmental justice designation program (Senate, No. 2213),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2243).
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second
time and was amended, as recommended by the committee on Ways and Means.

The bill (Senate, No. 2243) was then ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to cord blood banking (Senate, No. 493),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Baddour, and the bill was read a second time and ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill to acquire easement to construct and maintain two underground electric transmission cables within Squantum Point Park in Quincy and Morrissey Boulevard in Dorchester (Senate, No. 625),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Shannon, and the bill was read a second time and ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing a retroactive veteran’s annuity to Paul Bartel, Jr. (Senate, No. 1513),— ought to pass, with amendments, striking out sections 3 and 4; 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 provide certain veterans’ benefits to Paul Bartel, Jr., therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 1513, amended) was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill directing the Public Employee Retirement Administration Commission to review the appropriateness of the ordinary disability retirement of retired Arlington Police Officer Albert Spina (Senate, No. 2012),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill to promote efficiency and fairness in environmental law enforcement (Senate, No. 2163),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2242).
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2242) was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Resolve providing for an investigation and study by a special commission relative to dairy farming in the commonwealth (Senate, No. 2182),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill to increase the amount of benefit to children who are survivors in the case of an accidental death benefit under the provisions of chapter thirty-two (Senate, No. 2185),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Baddour, and the bill was read a second time and ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill further regulating the Julian D. Steele public housing development in the city of Lowell (Senate, No. 2217),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2241).
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2241) was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to the licensing of amusement parks (House, No. 3529),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill promoting energy efficiency and conservation (House, No. 4006, amended),— ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time and ordered to a third reading.

Resolutions.

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

Resolutions (filed by Ms. Fargo) “on the seventy-fifth anniversary of Regis College”; and

Resolutions (filed by Mrs. Sprague) “congratulating Richard Charles Morse.”

Order Adopted.

On motion of Mr. Baddour,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M.

On motion of Mr. Hedlund, at a half past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.