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 18, 2002.

Met at five 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).

Distinguished Guests.

There being no objection, the Clerk (Ms. Melconian), introduced Girl Scout Troop 143 from Shrewsbury. The troop was accompanied by several leaders and chaperones and Representative Karyn E. Polito of Shrewsbury. They were the guests of Senator Guy W. Glodis.

Reports of Committees.

By Ms. Creem, for the committee on Criminal Justice, on the recommitted petition, a Bill relative to the rights of victims of crimes (Senate, No. 209);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.  

By Mr. O’Leary, for the committee on Counties, on the recommitted petition (accompanied by bill, Senate, No. 438), a Bill relative to licensing fees for service dogs (Senate, No. 2323);

By Ms. Tucker, for the committee on Human Services and Elderly Affairs, on petition, a Bill preventing homelessness among families receiving AFDC (Senate, No. 725);

By Mr. Magnani, for the committee on Science and Technology, on petition, a Bill to promote the training of retirees as volunteer science and technology teachers (Senate, No. 1802); and

By Ms. Walsh, for the committee on Taxation, on petition (accompanied by bill, Senate, No. 1756), a Bill relative to the fuel excise tax (Senate, No. 2321);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Mr. Magnani, for the committee on Science and Technology, on Senate, Nos. 1794, 1808 and 1809, a Bill relative to human cloning (Senate, No. 1794, changed in section 1(c) by striking out the second sentence); and

By the same Senator, for the same committee, on petition, a Bill relative to disclosure of certain information regarding domain ownership on the Internet (Senate, No. 1804);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

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 Senate Bill regulating the use of paint ball guns (Senate, No. 1261) (the committee on Public Safety having recommended that the bill be amended by substituting a new draft entitled “An Act further regulating the use of paint ball guns”, (Senate, No. 2308); and

The House bills

Relative to betterment assessments for sewerage facilities in the town of Millbury (House, No. 1507); and

Providing for the annual observance of Luther Burbank Day (House, No. 4877).

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 Order relative to authorizing and directing the Senate committee on Science nd Technology to make an investigation and study of certain current Senate documents relative to telecommunications and Internet services (Senate, No. 2322),— 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:

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to the resale of tickets (House, No. 5014);
To the committee on Government Regulations.

Message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to exempting the positions of school custodian and school food service worker in the town of North Andover from the civil service law (House, No. 4999);
To the committee on Public Service.  

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5015) of Mary Jane Simmons and Robert A. Antonioni (with the approval of the mayor and city council) that the city of Leominster be authorized to use retired police officers for paid police details; and

Petition (accompanied by bill, House, No. 5016) of Martin J. Walsh (with the approval of the mayor and city council) relative to granting civil service preference to Thomas J. Foley, surviving son of Edward P. Foley, for appointment as a police officer in the city of Boston;
Severally to the committee on Public Service.  

Bills

Relative to certain group life and health insurance (printed as Senate, No. 748,— on petition);

Relative to liquor liability insurance (House, No. 1787, amended,— on House, Nos. 1412 and 1787); and

Providing for local government workforce reduction through an early retirement incentive program for certain employees (House, No. 5007, amended,— on House, No. 4951);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

A Bill establishing standards for stage II vapor recovery systems (House, No 4379, amended,— on House, Nos. 856 and 3383),— was read and, under Senate Rule 26A, referred to the committee on Science and Technology.  

Bills

Relative to undistributed ballots (House, No. 994,— on Senate, No. 341 and House, Nos. 432 and 994); and

Relative to court advisement (House, No. 4413,— on House, Nos. 2727 and 3759);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

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:

Authorizing the city of Waltham to establish a post employment health insurance trust fund (see House, No. 349); and

Providing for the establishment and administration of rent regulations and the control of evictions in manufactured housing communities in the town of Kingston (see House, No. 4845).

Resolutions.

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

Resolutions (filed by Mr. Montigny) “honoring Nobel Prize Laureate Jose Saramago”;

Resolutions (filed by Ms. Murray) “congratulating Walter D. Campbell, Jr. on the occasion of his retirement”;

Resolutions (filed by Ms. Murray) “on the occasion of the retirement of Richard J. Silva”;

Resolutions (filed by Mr. Panagiotakos) “recognizing the Passe-Temps Club”;

Resolutions (filed by Ms. Resor) “congratulating Cadet Second Lt. Harrison M. Ingraham, Civil Air Patrol, on receiving the General Billy Mitchell Award”;

Resolutions (filed by Mr. Tolman) “honoring Father Arsen Barsamian on the occasion of his retirement”; and

Resolutions (filed by Mr. Tolman, Ms. Melconian, Messrs. Berry and Brewer, Ms. Creem, Ms. Fargo, Mr. Glodis, Ms. Jacques, Messrs. Joyce, Knapik, Moore, O’Leary and Pacheco, Ms. Resor and Messrs. Rosenberg and Tarr) “commemorating the 87th anniversary of the Armenian Genocide.”

 

Bill Recalled from the Acting Governor
Laid Before the Senate.

On motion of Mr. Tisei, it was voted that a messenger be appointed to wait upon Her Honor the Lieutenant-Governor, Acting Governor, requesting the return to the Senate of the engrossed Bill providing for a charter for the town of Sandwich (see Senate, No. 2192, changed).
Mr. Tisei was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.
There being no objection, on motion of Mr. Tisei, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
On motion of the same Senator, Senate Rule 49 was suspended.
Ms. Murray presented an amendment in section 1, by striking out section 9.3 of the proposed charter and inserting in place thereof the following section:—

“Section 9.3 AMENDMENT TO CHARTER

This charter may be amended or revised by special act of the general court upon the recommendation of town meeting, or pursuant to chapter 43B of the General Laws.”
This amendment was adopted.
Sent to the House for concurrence in the amendment.
 

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 Bill relative to civil service preference of the children of Alton Grindle for appointment for fire service (House, No. 4611) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.  

The House Bill transferring certain administrative responsibilities to the chief of the police department of the town of Sandwich (House, No. 4693),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Murray moved that the bill be amended by inserting after the word “dogs”, in line 5, the following words:— “under said section 157”.
This amendment was adopted.

The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPER FROM THE HOUSE.

A Bill designating a certain road and bridges in the commonwealth (House, No. 4992,— on Senate, Nos. 1867 and 2224 and House, Nos. 4296, 4867 and 4904),— 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.  

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 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.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Energy.  

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, J. Michael Ruane, Linda J. Melconian, Brian Paul Golden and other members of the General Court for legislation to provide for the equitable payment of durable medical equipment providers by the Division of Medical Assistance.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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 Steven C. Panagiotakos and Robert S. Hargraves for legislation to create a Harley owners group motorcycle license plate.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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 Robert A. O’Leary, Cynthia S. Creem, Andrea F. Nuciforo, Jr., Bruce E. Tarr and other members of the General Court for legislation to enable retirement and college education savings in conformity with federal law.

Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5020) of John J. Binienda relative to the commercialization of fuel cell technology;
Under suspension of Joint Rule 12, to the committee on Energy.

Petition (accompanied by bill, House, No. 5021) of Benjamin Swan and other members of the General Court (with the approval of the mayor and city council) relative to drag racing in the city of Springfield;
Under suspension of Joint Rule 12, to the committee on Public Safety.

Petition (accompanied by bill, House, No. 5022) of Barry R. Finegold relative to designating a certain bridge in the town of Andover as the Joseph A. Horan and Corrigidor Veterans Memorial Bridge;
Under suspension of Joint Rule 12, to the committee on Transportation.  

Order Adopted.

On motion of Mr. Tisei,—

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.

On motion of Mr. Tisei, at a quarter past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.