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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

Seal of the Commonwealth of Massachusetts

 

 

Wednesday, April 24, 2002.

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

Petitions.

Petitions were presented and referred, as follows:

By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer and John J. Binienda for legislation to authorize payroll deductions for certain contributions to the State Police Museum Fund;

By the same Senator, a petition (subject to Joint Rule 12) of Stephen M. Brewer, Mark C. Montigny, Brian P. Lees, Stanley C. Rosenberg and other members of the General Court for legislation to establish a missing child prompt response and notification plan;

By Mr. Nuciforo (by request), a petition (subject to Joint Rule 12) of Vincent Melito for legislation to establish restrictions on building schools within 1000 feet of a landfill; and

By Mrs. Sprague, a petition (subject to Joint Rule 12) of Jo Ann Sprague, Maureen Mercie, Bailey Slabodnick and others for legislation to designate assorted wafers as the official candy of the Commonwealth;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Report of a Committee.

By Mr. Glodis, for the committee on Election Laws, on petition, a Bill directing the Secretary of the Commonwealth to place a certain nonbinding question on the biennial state election ballot in the city of Holyoke in the current year (Senate, No. 2320, changed in section 1, in lines 1 and 2, by striking out the words:— “For the purpose of ascertaining the will of the people of the City of Holyoke, the” and inserting in place thereof the word “The”; in line 4 by striking out the words “said city” and inserting in place thereof the words:— “the City of Holyoke”; and in line 6, by striking out the word “juergos” and inserting in place thereof the word “juegos”) [Local approval received];
Read and, under Senate Rule 26, placed in the orders of the Day for the next session.  

Report of Committee on an Initiative Petition for an Initiative Amendment to the Constitution.

Ms. Chandler, for the committee on Public Service, on the initiative petition of Bryan G. Rudnick and others for an Initiative Amendment to the Constitution relative to the protection of marriage (House, No. 4840),— reported in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said initiative petition (see House, No. 4840), ought NOT to pass [For majority report, see Senate document numbered 2335].
The report was read, and placed on file, in accordance with the requirements of said rule.  

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5030) of Arthur J. Broadhurst (with the approval of the mayor and city council) relative to amending a certain lease agreement between the city known as the town of Methuen and Dispatch Communications,— was referred, in concurrence, to the committee on Local Affairs.  

A report of the committee on Insurance, asking to be discharged from further consideration of the House Order relative to authorizing the committee on Insurance to make an investigation and study of a certain House document concerning insurance premiums paid by employees of the city of Pittsfield (House, No. 4803), and recommending that the same be referred to the committee on Public Service,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

 

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to farmer distillery licenses (Senate, No. 366),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2328).
There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2328) was then ordered to a third reading.
 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill to establish a comprehensive wastewater reuse and greywater management plan (Senate, No. 1083, changed),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2329).
There being no objection, the rules were suspended, on motion of Mr. Shannon, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2329) was then ordered to a third reading.

 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to the conveyance of a certain parcel of land in Grafton (Senate, No. 1532),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2330).
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2330) was then ordered to a third reading.

 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing the Division of Capital Asset and Management and Maintenance to convey a certain parcel of land in the city of Waltham (Senate, No. 1879),— ought to pass. There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, on petition (accompanied by bill, House, No. 4576), a Bill providing health care coverage for certain prosthetic devices (Senate, No. 2331).
The bill was read. There being no objection, the rules were suspended, on motion of Ms. Murray, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain easements to the city of Gardner (House, No. 4821),— ought to pass, with an amendment in section 1, by striking out, in line 16, the words “The city” and inserting in place thereof the following words:— “In lieu of full and fair market value, the city of Gardner”; and in section 3, by striking out, in line 6, the word “shall” and inserting in place thereof the following word:— “may”.
The rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill providing for local government workforce reduction through an early retirement incentive program for certain employees (House, No. 5007, amended),— ought to pass, with an amendment in section 4, by striking out the figure “1977” and inserting in place thereof the following figure:— “1978”; and by adding the following section:—

“SECTION 5. Section 3 of chapter 71 of the acts of 1996 is hereby amended by inserting, after the second paragraph, as amended by section 45 of chapter 38 of the acts of 1977, the following:— Members of the retirement system of a political subdivision who were eligible to apply for creditable service pursuant to this chapter, but failed to do so within 180 days of the acceptance of the act by the local legislative body may apply for such creditable service within 180 days of a vote by the local legislative body to allow such members an additional period of time to apply for such creditable service. A local legislative body shall be as defined in this section but the local legislative body for a regional retirement system shall be the regional retirement system advisory board.”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading.

Resolutions.

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

Resolutions (filed by Mr. Knapik, Ms. Melconian and Messrs. Lees, Rosenberg, Brewer and Nuciforo) “in honor of the fiftieth anniversary of the Soldiers’ Home in Holyoke.”

 

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 Robert A. O’Leary, Therese Murray, Eric Turkington, Shirley Gomes and other members of the General Court for legislation to authorize Cape Cod Community College to borrow funds for the planning, design and construction of a new technology building.
Senate Rule 36 was suspended, on motion of Ms. Murray, 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 the Hickory Hill Association, Inc., by Thomas A. DeRiemer, clerk, for legislation relative to the powers of homeowners’ associations in subdivisions.
Senate Rule 36 was suspended, on motion of Ms. Murray, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Local Affairs.
Severally sent to the House for concurrence.
 

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5036) of John A. Locke, Cynthia S. Creem and Cheryl A. Jacques that the Division of Capital Asset Management and Maintenance be authorized to convey a certain parcel of land in the town of Wellesley,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on State Administration.  

A petition (accompanied by bill, House, No. 0000) of Maryanne Lewis, Marc R. Pacheco and another relative to displaced janitors or building maintenance personnel of certain contractors or subcontractors,— came from the House, under suspension of Joint Rule 12, referred to the committee on State Administration.
The Senate concurred in the suspension of Joint Rule 12, and NON-concurred in the reference to the committee on State Administration.
On motion of Ms. Murray, the petition was referred to the committee on Commerce and Labor.

Sent to the House for its action.

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 licensing of insurance producers (see House, No. 28, changed and amended);

Relative to civil service preference of the children of Alton Grindle for appointment for fire service (see House, No. 4611);

Exempting the position of chief of police in the city of Fitchburg from the civil service law (see House, No. 4881); and

Designating a certain road and bridges in the commonwealth (see House, No. 4992).

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 providing for the annual observance of Luther Burbank Day (House, No. 4877),— 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. Shannon,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.

On motion of Mr. Shannon, at seventeen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.