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, April 22, 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).

Reports.

The following reports were severally read and placed on file:

A report of the Massachusetts State Lottery Commission (under the provisions of Section 38 of Chapter 10 of the General Laws) submitting a copy of its 2001 annual report (received Monday, April 1, 2002);

A report of the Massachusetts Bay Transportation Authority (under the provisions of Section 151 of Chapter 127 of the Acts of 1999) submitting its report of operation for calendar year 2001 (received Monday, April 1, 2002);

A report of the Massachusetts Convention Center Authority (under the provisions of Section 5(1) of Chapter 152 of the Acts of 1997) submitting its quarterly report for the Boston Convention and Exhibition Center Project (received Tuesday, April 2, 2002);

A report of the Division of Standards (under the provisions of Section 115A of Chapter 6 of the General Laws) submitting its annual report relating to unit pricing (received Tuesday, April 2, 2002);

A report of the Massachusetts Bay Transportation Authority (under the provisions of Section 151(11) of Chapter 127 of the Acts of 1999) relative to net operating investment per passenger mile (received Friday, April 5, 2002); and

A report of the Department of Revenue (under the provisions of Section 38 of Chapter 63 of the General Laws) relative to mutual fund service providers utilizing the single sales factor and destination sourcing of sales in determining their Massachusetts taxable income (received Wednesday, April 10, 2002).

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 inspection of the North Central Correctional Institution (received Monday, April 1, 2002),— was read and sent to the House for its information.

Petitions.

Petitions were presented and referred as follows:

By Ms. Fargo, a petition (accompanied by bill, Senate, No. 2324) of Susan C. Fargo and Jay R. Kaufman (by vote of the town) for legislation to authorize the town of Lincoln to grant real estate tax rebates to certain property owners [Local approval received]; and

By Mr. O’Leary, a petition (accompanied by bill, Senate, No. 2325) of Robert A. O’Leary and Shirley Gomes (by vote of the town) for legislation relative to property tax exemptions for rental properties in the town of Provincetown used as affordable housing [Local approval received];
Severally, under Senate Rule 20, to the committee on Local Affairs.

Severally sent to the House for concurrence.

Mr. O’Leary (by request) presented a petition (subject to Joint Rule 12) of Benjamin L. Hall, Jr. for legislation relative to exempting limited liability companies from filing DBA certificates with city or town clerks,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill designating a portion of the Holyoke Heritage State Park as the Dinapoli Plaza (Senate, No. 2309);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

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 relative to the rights of victims of crimes (Senate, No. 209),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4071) of Gale D. Candaras and Emile J. Goguen relative to the Massachusetts Wholesale Electric Company (having been transmitted to the Secretary of the Commonwealth under the provisions of Section 7 of Chapter 3 of the General Laws, and was returned by him with memoranda relative thereto),— was referred, in concurrence, under suspension of Joint Rule 9, to the committee on Government Regulations.

Resolutions.

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

Resolutions (filed by Mr. Hart) “congratulating Reverend James H. Lane on the fortieth anniversary of his ordination to the priesthood”;

Resolutions (filed by Mr. Joyce) “congratulating George Francis Jenkins, Jr.”;

Resolutions (filed by Ms. Resor) “congratulating Mary G. DiMatteo on the occasion of her 100th birthday”; and

Resolutions (filed by Ms. Resor) “congratulating Cadet Second Lt. Joseph P. Shoer, Civil Air Patrol, on receiving the General Billy Mitchell Award.”

PAPERS FROM THE HOUSE.

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:

Establishing a limited access deposit account (see House, No. 4633, amended); and

Authorizing the city of Easthampton to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4871).

Order Adopted.

The following order (filed by Ms. Menard) was referred, under Joint Rule 30, to the committees on Rules of the two branches, acting concurrently:

Ordered, That, notwithstanding the provisions of Joint Rule 10, joint standing committees and the committees on Rules of the two branches, acting concurrently, be granted until Friday, May 10, 2002, within which to make reports on matters referred to them.
Subsequently, Ms. Menard, for the said committees on Rules of the two branches, acting concurrently, reported that the order ought to be adopted; and, there being no objection, the order was considered forthwith, and it was adopted.

Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A Bill exempting the position of chief of police in the city of Fitchburg from the provisions of the civil service law (House, No. 4881,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Shannon, and the bill 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 exempting the position of chief of police in the city of Fitchburg from the civil service law.”.

The House Bill authorizing the town of Braintree to convey a certain parcel of town forest land (House, No. 4926, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out section 2 and inserting in place thereof the following section:—

“SECTION 2. The conveyance authorized in section 1 is contingent upon the transfer by Marjorie and Marvin Asnes to the town of a parcel of land shown as Lot 4688 on the plan described in section 1. The land conveyed to the town shall be of equal or greater value than the 2,250 square feet of land the town will convey to the owner of 44 Marisa Drive.”, with a further amendment, striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. The town of Braintree, acting by and through its board of selectmen, may convey a certain parcel of forest land located in the town to Debra and Michael McConnell to be used for residential purposes. The parcel is shown as Lot 2 on a plan of land entitled, “Plan of proposed division of land in Braintree, Mass.” prepared by Ernest W. Branch dated October 10, 2001. In consideration of the conveyance authorized in this act, Marjorie and Marvin Asnes of the town of Braintree shall convey to the town of Braintree a parcel of land shown as Lot 468B on the above described plan.

SECTION 2. The conveyance authorized in section 1 shall be contingent upon the conveyance by Debra and Michael McConnell to Marjorie and Marvin Asnes of a parcel of land shown as Lot 475B on the plan described in section 1.”.
The rules were suspended, on motion of Ms. Chandler, and the House amendment was considered forthwith and adopted, in concurrence.

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 authorizing the town of Mashpee to grant additional licenses for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4234) (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 Senate Bill authorizing the certification and appointment of Stephen E. Granlund as a police officer in the town of Ware (printed as House, No. 4515),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

The House Bill exempting the position of deputy chief of police in the town of Webster from the civil service law (House, No. 4758),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Moore presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2326.
The 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.

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 Kenneth Moulton for legislation to protect public health and safety in regard to toxic mold.
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 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 Audrey Serrano for legislation to reform Department of Social Services practices regarding children in need of services.
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 Human Services and Elderly Affairs.

Severally sent to the House for concurrence.

Order Adopted.

On motion of Mr. Shannon,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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. Knapik, at thirteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.