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, April 4, 2002.

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

Report.

A report of the Massachusetts Capital Resource Company (under the provisions of Section 20 of Chapter 816 of the Acts of 1977) submitting its twenty-fifth annual report (Senate, No. 2306) (received Thursday, February 28, 2002),— was referred to the committee on Taxation.

Sent to the House for concurrence.

Petitions.

Mr. Morrissey presented a petition (accompanied by bill, Senate, No. 2307) of Michael W. Morrissey, Ronald Mariano, A. Stephen Tobin and Bruce J. Ayers (with the approval of the mayor and city council) for legislation to authorize and direct the retirement board of the city of Quincy to grant creditable service to James J. Dentremont [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Public Service.

Sent to the House for concurrence.

Petitions were presented and referred, as follows:

By Ms. Fargo, a petition (subject to Joint Rule 12) of Susan C. Fargo, Richard T. Moore, Robert A. O’Leary, Frederick E. Berry and other members of the General Court for legislation to establish a special commission to study energy consumption by the government of the Commonwealth;

By the same Senator, a petition (subject to Joint Rule 12) of Susan C. Fargo, John J. Binienda, Bruce E. Tarr, Barry R. Finegold and other members of the General Court for legislation relative to the waste to energy grant program; and

By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore and Paul Kujawski for legislation to allow the State Retirement Board to grant creditable service to William Thibault, a former employee of the Department of Revenue, for time served as a selectman in Blackstone;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Chandler, for the committee on Public Service, on the recommitted petition, a Bill authorizing the certification and appointment of Stephen E. Granlund as a police officer in the town of Ware (printed as House, No. 4515) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Discharged.

Ms. Menard, for the committee on Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Criminal Justice to make an investigation and study of several Senate documents relative to criminal justice (Senate, No. 1944), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 209) of Therese Murray, Charles E. Shannon, Francis L. Marini, Bruce E. Tarr and other members of the General Court for legislation relative to the rights of victims of crime,— and recommending that the same be recommitted to the committee on Criminal Justice;

The Senate Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relative to recreational safety, motorcycles, and other public safety matters (Senate, No. 1992), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 1266) of Michael W. Morrissey and Charles E. Shannon for legislation relative to protective headgear while operating or riding as a passenger on a motorcycle; and

The Senate Order relative to authorizing the joint committee on Public Safety to make an investigation and study of certain current Senate documents relative to public safety issues (Senate, No. 2304), reported, in part, asking to be discharged from further consideration of the Senate Bill regulating the use of paint ball guns (Senate, No. 1261);

And recommending that the same severally be recommitted to the committee on Public Safety.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to improving management and security at Logan Airport (House, No. 4996),— was referred, in concurrence, to the committee on Transportation.

A petition (accompanied by bill, House, No. 4995) of Nancy Flavin and Stanley C. Rosenberg (by vote of the town) for legislation to authorize the town of South Hadley to convey certain conservation land,— was referred, in concurrence, to the committee on State Administration.

A Bill relative to licensing hospice programs (House, No. 1756, changed,— on Senate, No. 546 and House, No. 1756),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the designation of certain bridges, overpasses and connector roads in the city of Marlborough (House, No. 4994,— on House, No. 4437) [Local approval received on House, No. 4437],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A petition (accompanied by bill, House, No. 5001) of Shirley Gomes and Robert O’Leary that the towns of Harwich and Eastham be authorized to regulate the operation of herring runs in said towns,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Natural Resources and Agriculture.

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 Harriette L. Chandler, David C. Bunker, Jr. and Robert Spellane for legislation relative to certain apportionments of expenses of regional school districts.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities.

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 Harriette L. Chandler, Peter J. Koutoujian, Richard T. Moore, David C. Bunker and other members of the General Court for legislation to establish a biological agent registry in the Commonwealth.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Health Care.

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 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].
Senate Rule 36 was suspended, on motion of Mr. Knapik, 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.

Severally sent to the House for concurrence.

Communication.

The Clerk read the following communication:

April 1, 2002.

Patrick F. Scanlan
Clerk of the Massachusetts Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

Due to a scheduling conflict, I was unable to attend the formal session of the Senate held on March 26, 2002.

I missed the roll call votes on Senate Bill #915, An Act Relative to Complaints of Sexual Harassment and Other Forms of Discrimination, Senate Bill # 192, An Act Further Prohibiting Dissemination of Child Pornography, and House Bill #4334, An Act Relative to Veteran Registration Plates for Motorcycles. If I had been present, I would have voted in the affirmative on all of these roll calls.

I respectfully request your assistance in printing this communication in the Journal. Thank you for your consideration.

Sincerely,

RICHARD R. TISEI,
State Senator.

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

Resolutions.

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

Resolutions (filed by Mr. Baddour) “congratulating Secretary of Public Safety James P. Jajuga on being named ‘Person of the Year’ by the City of Methuen Board of Trade”;

Resolutions (filed by Mr. Brewer) “on the occasion of the retirement of Alberta Sebolt George, President of the Old Sturbridge Village”;

Resolutions (filed by Ms. Melconian) “honoring Emilia Maddaloni on the celebration of her one hundredth birthday”;

Resolutions (filed by Mr. Montigny) “honoring and congratulating Gustave Lastaiti on the occasion of his ninety second birthday”;

Resolutions (filed by Mr. Pacheco) “congratulating Devon Wiley Gaudet upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mr. Pacheco) “congratulating Harry Pickering of Middleborough”;

Resolutions (filed by Mr. Pacheco) “honoring William Richardson”;

Resolutions (filed by Mr. Tolman) “honoring the achievements of Judith Johanson”; and

Resolutions (filed by Ms. Wilkerson) “welcoming Tom Joyner on his first visit to the Commonwealth.”

PAPER FROM THE HOUSE.

A Bill relative to a voting precinct in the town of Dracut (printed in House, No. 4954,— being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:

The House Bill relative to the financial conditions in the town of Swansea (House, No. 4935),— 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.

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 enacted and were signed by the Acting President and laid before the Acting Governor for her approbation, to wit:

Relative to the Nantucket Historic District Commission (see House, No. 3634, amended);

Authorizing the town of Framingham to offer an elderly discount program for water and sewer rates (see House, No. 4463);

Authorizing the appointment of certain persons as firefighters in the town of Ipswich notwithstanding the maximum age requirement (see House, No. 4852); and

Authorizing certain persons to take a civil service examination for firefighter in the town of Ipswich notwithstanding the maximum age requirement (see House, No. 4854).

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 authorizing an increase in the maximum parking fines in the city of Somerville (Senate, No. 1819) (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 authorizing the city of Easthampton to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4871),— 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 Easthampton to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises”.

PAPER FROM THE HOUSE.

A Bill providing for the establishment and administration of rent regulations and the control of evictions in manufactured housing communities in the town of Kingston (House, No. 4845,— 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.

Order Adopted.

On motion of Mr. Knapik,—

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.

Recess.

There being no objection, at thirteen minutes past eleven o’clock A.M., the Chair (Mr. Brewer) declared a recess subject to the call of the Chair; and at twenty-two minutes past twelve o’clock noon, the Senate reassembled, Mr. Pacheco in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPER FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill designating a certain bridge in the town of Sharon as the Lance Corporal Daniel J. Dabreu Memorial Bridge (see Senate, No. 2190, 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 2 to 0.
The bill was signed by the Acting President (Mr. Pacheco) and sent to the House for enactment.

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