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, March 21, 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 Board of Higher Education submitting a request for an appropriation to fund collective bargaining agreement between the Board of Higher Education and Local 1067 of Council 93 of the American Federation of State, County and municipal employees (received Wednesday, February 27, 2002),— was placed on file.

Reports.

The following reports were severally read and placed on file:

A report of the Division of Professional Licensure (under the provisions of Section 469 of Chapter 159 of the Acts of 2000) submitting a report of the special commission on complementary and alternative medicine practitioners (received Monday, February 25, 2002); and

A report of the Massachusetts Workers’ Compensation Advisory Council (under the provisions of Paragraph 2 of Section 17 of Chapter 23 of the General Laws) submitting its annual report relative to the state of the workers’ compensation system for fiscal year 2001 (received Friday, March 1, 2002).

The following reports were severally read and sent to the House for its information:

A report of the trustees of the Boston Metropolitan District (under the provisions of Section 2 of Chapter 383 of the Acts of 1929) submitting its annual report for the year 2001 (Senate, No. 2265) (received Wednesday, February 20, 2002); and

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Court) relative to inspection of the Massachusetts Treatment Center (received Wednesday, February 27, 2002).

Petitions.

Petitions were presented and referred, as follows:

By Ms. Chandler, a petition (subject to Joint Rule 12) of Harriette L. Chandler, David C. Bunker, Jr. and Robert Spellane for legislation relative to certain apportionments of expenses of regional school districts;

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation to increase the motel-hotel maximum tax rate from 4.5 per cent to 6.0 per cent; and

By Mr. Tisei, a petition (subject to Joint Rule 12) of Richard R. Tisei and Christopher G. Fallon for legislation to increase the fines for violations of child labor laws;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Morrissey, for the committee on Government Regulations, on Senate, Nos. 371, 381 and 420, an Order relative to authorizing the joint committee on Government Regulations to make an investigation and study of certain current Senate documents relative to government regulations (Senate, No. 2288); and

By the same Senator, for the same committee, on Senate, Nos. 385, 434, 435, 437 and 451, an Order relative to authorizing the joint committee on Government Regulations to make an investigation and study of certain current Senate documents relative to utilities (Senate, No. 2289);
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Creem, for the committee on Criminal Justice, on petition, a Bill to amend drunk driving penalties (Senate, No. 178);

By Mr. Morrissey, for the committee on Government Regulations, on petition, a Bill further regulating directory assistance (Senate, No. 411);

By the same Senator, for the same committee, on petition, a Bill to protect consumers in electricity rate complaints filed with the Department of Telecommunications and Energy (Senate, No. 436); and

By Ms. Wilkerson, for the committee on State Administration, on petition (accompanied by bill, Senate, No. 2215), a Bill to transfer certain land to the town of Lenox for natural resources purposes (Senate, No. 2290);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Creem, for the committee on Criminal Justice, on petition, a Bill relative to unauthorized access to computers and penalties (Senate, No. 173);
Read and, under Senate Rule 26A, referred to the Senate committee on Science and Technology.

By Ms. Creem, for the committee on Criminal Justice, on petition, a Bill relative to archaic crimes (Senate, No. 171);

By the same Senator, for the same committee, on petition, a Bill regarding penalties for crimes against the elderly and disabled persons (Senate, No. 201);

By the same Senator, for the same committee, on petition, a Bill relative to the crime of engaging in legal or medical running (Senate, No. 2181);

By the same Senator, for the same committee, on petition, a Bill protecting children from physical and sexual abuse (Senate, No. 2266);

By Mr. Morrissey, for the committee on Government Regulations, on petition, a Bill relative to promoting safety by making gas gate boxes easily accessible to gas company service employees and emergency public service personnel (Senate, No. 467); and

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill relative to the naming of a certain state building (Senate, No. 2267);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Ms. Wilkerson, for the committee on State Administration, on petition (accompanied by bill, Senate, No. 2125), a Bill authorizing the city of Quincy to lease a property and building located at 111 Newbury Street to the William R. Caddy Detachment Marine Corps League Building Corporation (Senate, No. 2287) [Local approval received on Senate, No. 2125];
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 Bill relative to the unlicensed practice of engineering and land surveying (House, No. 2894); and

The Senate report of the committee on Counties, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, Senate, No. 438) of Andrea F. Nuciforo, Jr. and Daniel E. Bosley for legislation relative to the fee charged for a license of a specially trained dog for disabled persons.

Committees Discharged.

Ms. Menard, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Bill establishing the Massachusetts internet technology commission (Senate, No. 1806),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to protecting the public safety by increasing the penalties for operating a motor vehicle while under the influence of alcohol (House, No. 4957);
To the committee on Criminal Justice.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) relative to a voting precinct in the town of Dracut (House, No. 4954);
To the committee on Election Laws.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to allowing the imposition of conditions on persons admitted to bail (House, No. 4958);
To the committee on the Judiciary.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) relative to certain property tax assessments in the town of Windsor (House, No. 4955);
To the committee on Taxation.

A Bill validating certain actions and authorizing certain reimbursements by the town of Oak Bluffs (printed in House, No. 4906,— being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill relative to the Nantucket Historic District Commission (House, No. 3634, amended,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Emergency Preamble Adopted.

An engrossed Bill relative to the terms of certain notes issued by the Commonwealth (see House Bill, printed in House, No. 4765), having been certified by the Acting Clerk, 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.

Resolutions.

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

Resolutions (filed by Ms. Tucker) “recognizing Child Abuse Prevention Month in the Commonwealth.”

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), having been certified by the Acting Clerk, 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:

Authorizing the State Board of Retirement to grant creditable service to Harvey J. Chopp (see House, No. 869, changed and amended);

Further regulating securities (see House, No. 955, amended);

Relative to a birth defects monitoring program (see House, No. 2163, amended); and

Relative to the water and sewer commission of the town of Mattapoisett (see House, No. 4843, amended).

Emergency Preamble Adopted.

An engrossed Bill authorizing leaves of absence for certain employees participating in Red Cross emergencies (see House, No. 4602), having been certified by the Acting Clerk, 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.

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 Dianne Wilkerson and Kevin W. Fitzgerald for legislation to authorize Roxbury Community College to lease portions of a building located at 1350 Tremont Street to the Reggie Lewis Foundation.
Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration.

Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4976) of Shirley Gomes and Robert A. O’Leary relative to the powers and duties of the Provincetown Pier Corporation;
Under suspension of Joint Rules 12 and 9, to the committee on Commerce and Labor.

Petition (accompanied by bill, House, No. 4969) of Emile J. Goguen and other members of the House relative to the penalties for attempting to entice or enticing a minor to enter a motor vehicle under false pretenses;
Under suspension of Joint Rule 12, to the committee on Criminal Justice.

Petition (accompanied by bill, House, No. 4970) of Karyn E. Polito and other members of the General Court relative to the donation of bone marrow by certain minors;
Under suspension of Joint Rule12, to the committee on Health Care.

Petition (accompanied by bill, House, No. 4971) of Robert Correia, Joan M. Menard and Michael J. Rodrigues (with the approval of the mayor and city council) that the housing authority of the city of Fall River be authorized to transfer ownership of the Watuppa Heights state-aided public housing development, notwithstanding the uniform procurement law;
Under suspension of Joint Rule 12, to the committee on Housing and Urban Development.

Petition (accompanied by bill, House, No. 4972) of Marie J. Parente and Richard T. Moore relative to providing for an assistant clerk in the Milford District Court;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4973) of John A. Hart, Jr., for legislation to direct the Division of Waterways to dredge the harbor area surrounding the Old Colony Yacht Club in the city of Boston;
Under suspension of Joint Rule 12, to the committee on Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 4974) of Robert Correia, Thomas M. Finneran, Joan M. Menard and other members of the General Court relative to erecting a memorial on the Battleship USS Massachusetts in honor of the residents of the Commonwealth who were victims of terrorism on September 11, 2001; and

Petition (accompanied by bill, House, No. 4975) of Viriato Manuel deMacedo, Thomas J. O’Brien and Therese Murray relative to authorizing the Division of Capital Asset Management and Maintenance to convey certain easements to the town of Plymouth;
Severally, under suspension of Joint Rule 12, to the committee on State Administration.

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 House bills

Authorizing the town of Tyngsborough to refund certain payments (House, No. 4661); and

Authorizing the city of Salem to grant easements in certain park land (House, No 4842);
Were severally read a third time and passed to be engrossed, in concurrence.

Order Adopted.

On motion of Mr. Rosenberg,—

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.

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the terms of certain notes issued by the Commonwealth (see House Bill, printed in House, No. 4765) (which originated in the House), having been certified by the Acting Clerk, 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.

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