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 19, 2001.

Met at four minutes past eleven o’clock A.M.

Reports.

The following reports were severally read and placed on file:

A report of the Department of Telecommunications and Energy (under the provisions of Section 69 of Chapter 164 of the General Laws) submitting its report relative to the liability and diversity of the electric power and natural gas systems in Massachusetts (received Tuesday, April 10, 2001);

A report of the Massachusetts Convention Center Authority (under the provisions of Section 5 of Chapter 152 of the Acts of 1997) submitting its quarterly report (received Tuesday, April 17, 2001); and

A report of the Massachusetts Convention Center Authority (under the provisions of Chapter 138 of the Acts of 1991) submitting a copy of a feasibility study regarding the Springfield Civic and Convention Center project (received Tuesday, April 17, 2001).

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

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to the inspection of the Shirley Minimum Facility (received Tuesday, April 10, 2001); and

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to the inspection of the Bristol County Pre-release Center (received Tuesday, April 17, 2001).

 

Petition.

Mr. Jajuga presented a petition (subject to Joint Rule 12) of James P. Jajuga and Paul E. Tirone (with the approval of the mayor and city council) for legislation to authorize the city of Newburyport to establish certain maintenance and capital investment funds [Local approval received],— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

 

Reports of Committees.

By Ms. Creem, for the committee on Criminal Justice, on petition, a Bill relative to obscene materials (Senate, No. 214);
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 witness protection and the crime of witness intimidation (Senate, No. 162); and

By the same Senator, for the same committee, on petition, a Bill to prevent the illegal trafficking of firearms (Senate, No. 166); and

By Ms. Wilkerson, for the committee on State Administration, on petition (accompanied by bill, Senate, No. 1551), a Bill relative to the Newburyport armory (Senate, No. 1849); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No, 1555), a Bill authorizing the Division of Capital Asset Management and Maintenance to lease a parcel of land located in the city of Holyoke under the care and control of the Department of Environmental Management (Senate, No. 1850);
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 Senate, Nos. 160 and 175 and House, Nos. 3857 and 3912, a Bill correcting the incest statute (Senate, No. 175);

By Mr. Panagiotakos, for the committee on Housing and Urban Development, on petition, a Bill relative to unlawful discrimination (Senate, No. 631); and

By Ms. Wilkerson, for the committee on State Administration, on Senate, Nos. 1547 and 1586 and House, No. 2425, a Bill declaring the month of May as motorcycle safety month (Senate, No. 1547); and

By the same Senator, for the same committee, on Senate, No. 1618 and House, No. 2993, a Bill proclaiming February 14th as congenital heart defect awareness day (Senate, No. 1618);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from His Excellency the Governor recommending legislation relative to unemployment insurance contributions for the year 2002 (House, No. 4095); and

Message from His Excellency the Governor recommending legislation relative to setting reasonable unemployment insurance contribution rates (House, No. 4096);
Severally to the committee on Commerce and Labor.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4091) of John H. Rogers and Marian Walsh (by vote of the town) that the town of Norwood be authorized to use certain conservation land located in said town for roadway and bridge purposes;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4092) of Raymond V. Mariano (mayor), Thomas R. Hoover (city manager), Robert Spellane and James B. Leary (with the approval of the city council) relative to the installation of speed humps, so-called, in the city of Worcester;
To the committee on Public Safety.

 A Bill establishing a sick leave bank for Rena C. Pelletier, an employee of the Trial Court of the Commonwealth (House, No. 3760,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

 A report of the committee on Taxation, recommending that the biennial report of the Commissioner of Revenue (under Section 10C of Chapter 58 of the General Laws) submitting an equalization and apportionment upon the several cities and towns of the amount of property and proportion of every one thousand dollars of state or county tax which should be assessed upon each city or town (House, No. 3033) be placed on file,— came from the House, accepted by the House.
Under Senate Rule 36, the report was considered forthwith and accepted, in concurrence.

 

Reports

Of the committee on Education, Arts and Humanities, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1936) of John H. Rogers and other members of the General Court relative to immunization from Hepatitis B as a requirement for admission to public schools,— and recommending that the same be referred to the committee on Health Care.

Of the committee on Public Safety, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2766) of Demetrius J. Atsalis relative to establishing a hotline for the use of foster children reporting cases of abuse or mistreatment,— and recommending that the same be referred to the committee on Human Services and Elderly Affairs.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

 

Reports

Of the committee on Counties, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 145) of Stephen M. Brewer, David C. Bunker, Jr. and Arthur LeBlanc for legislation to authorize cities and towns to expand the powers of animal control officers;

Of the petition (accompanied by bill, Senate, No. 146) of Stephen M. Brewer, John Kellstrand, David C. Bunker, Jr. and David H. Tuttle for legislation to regulate the recovery of lost dogs;

Of the petition (accompanied by bill, Senate, No. 147) of Stephen M. Brewer, John Kellstrand, David C. Bunker, Jr. and David H. Tuttle for legislation to extend the life of impounded dogs;

Of the petition (accompanied by bill, Senate, No. 150) of Harriette L. Chandler for legislation to transfer the care, control and custody of county roadways to the Commonwealth;

Of the petition (accompanied by bill, Senate, No. 153) of Pamela P. Resor and Mary Jane Simmons for legislation to establish an animal control commission and to deal with dangerous dogs in the counties of the Commonwealth;

Of so much of the recommendations of the Department of Food and Agriculture (House, No. 88) as relates to clarifying certain powers and duties of said department pertaining to pet shops (accompanied by bill, House, No. 95);

Of so much of the recommendations of the Department of the State Treasurer (House, No. 209) as relates to the abolition of county government (accompanied by bill, House, No. 220);

Of the petition (accompanied by resolve, House, No. 959) of Mary Jane Simmons and Pamela P. Resor for an investigation by a special commission (including members of the General Court) relative to recodifying the dog and animal laws of the Commonwealth;

Of the petition (accompanied by resolve, House, No. 960) of Mary Jane Simmons and Thomas J. O’Brien for an investigation by a special commission (including members of the General Court) relative to the operation of counties and councils of government within the Commonwealth;

Of the petition (accompanied by bill, House, No. 1167) of David H. Tuttle and another relative to the breeding and sale of dogs;

Of the petition (accompanied by bill, House, No. 1918) of the International Brotherhood of Police Officers and Brian S. Dempsey for legislation to further regulate payments to counties for court rental facilities;

Of the petition (accompanied by bill, House, No. 2120) of AFSCME Council 93 and Kevin W. Fitzgerald relative to the civil service rights of employees of the sheriff of Suffolk County;

Of the petition (accompanied by resolve, House, No. 2121) of Vincent A. Pedone for an investigation by a special commission (including members of the General Court) relative to county agricultural schools;

Of the petition (accompanied by bill, House, No. 2473) of Paul C. Casey, Carol A. Donovan, David P. Magnani and Anthony J. Verga for legislation to establish a retained revenue account in the civil process division in the Middlesex County Sheriff’s Office;

Of the petition (accompanied by bill, House, No. 2474) of Paul C. Casey and Anthony J. Verga relative to the availability of the dog law booklet;

Of the petition (accompanied by bill, House, No. 2658) of Antonio F. D. Cabral, Thomas J. O’Brien and Benjamin Swan relative to the appointment of certain directors to the Massachusetts Sheriffs’ Association;

Of the petition (accompanied by bill, House, No. 2855) of Robert Wright and Daniel E. Bosley that the Department of Public Health be directed to promulgate rules and regulations relative to the licensing of cats;

Of the petition (accompanied by bill, House, No. 3056) of Thomas J. O’Brien and Viriato Manuel deMacedo relative to the submission of county budgets to the General Court;

Of the petition (accompanied by bill, House, No. 3256) of Tara M. Sullivan relative to prohibiting cities and towns from charging fees for bringing dogs and other pets onto property under the control of The Trustees of Reservations; and

Of the petition (accompanied by bill, House, No. 3853) of Cheryl A. Rivera relative to the fees associated with dogs restrained by dog officers for certain elderly persons;

And recommending that the same severally be referred to the committee on Counties on the part of the House.

Of the committee on Public Safety, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 3417) of Joseph F. Wagner for legislation to authorize the Hampden County Sheriffs Department to establish a revenue retention account for community restitution and juvenile crime prevention programs,— and recommending that the same be referred to the House committee on Ways and Means.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committees.

 Committee Change.

The President announced the resignation of Senator Moore of Worcester and Norfolk as a member of the committee on Bills in the Third Reading and the appointment of Senator Brewer of Worcester, Hampden, Hampshire and Franklin to fill the vacancy.

 

Resolutions.

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

Resolutions (filed by Mr. Tolman) “honoring Father Emmanuel S. Metaxas on the occasion of the fiftieth anniversary of his ordination to the Holy Priesthood.”

 

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 Stephen M. Brewer, Reed V. Hillman, James P. Jajuga, Stephen F. Lynch and other members of the General Court for legislation relative to criminal offender record information for substitute teachers.
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 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 Stephen M. Brewer, Stephen Kulik and John F. Merrigan (by vote of the towns) for legislation to provide for a recall election for the Athol-Royalston regional school district [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 Election Laws. 

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 David C. Bunker, Jr. for legislation relative to vehicle weight limitation requirements.
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 Joan M. Menard for legislation relative to the removal of certain debris from motor vehicles using public ways.
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 Harold P. Naughton, Jr. for legislation to designate a certain bridge in the town of Hardwick as the Stanley J. Nurek Bridge.
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 Transportation.

Severally sent to the House for concurrence.

 

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by resolve, House, No. 4119) of Christine E. Canavan and Robert S. Creedon, Jr., relative to extending the time within which the special commission (including members of the General Court) established to make an investigation and study on the practice of nursing and the delivery of health care services by nurses shall make its final report;
Under suspension of Joint Rule 12, to the committee on Health Care.

Petition (accompanied by bill, House, No. 4120) of Karyn E. Polito and Pamela P. Resor relative to designating the Paine Building at Westborough State Hospital as Joseph Allen Hall;
Under suspension of Joint Rule 12, to the committee on State Administration.

 

Order Adopted.

On motion of Ms. Melconian,—

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 eight minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at eight minutes past twelve o’clock noon, the Senate reassembled, the President in the Chair.

 

PAPER FROM THE HOUSE.

A Bill making special provisions for an election to fill a vacancy in the board of selectmen of the town of Walpole (printed in House, No. 4110, being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Mrs. Sprague, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

 

Committee Change.

The President announced the resignation of Senator Brewer of Worcester, Hampden, Hampshire and Franklin as a member of the committee on Bills in the Third Reading and the reappointment of Senator Moore of Worcester and Norfolk thereto.

 

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