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 26, 2001.

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 Guest.

There being no objection, the Chair (Ms. Melconian) introduced Alicia Flagg, the daughter of Jennifer Flagg, a member of the staff of Senator Susan C. Fargo. Alicia was participating in National Take Your Daughter to Work Day. She was touring her mother’s office and the State House and was the guest of Senator Fargo.

Communications.

The following communications were severally placed on file:

Communication from the Executive Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the General Laws) submitting its intent on updating previously implemented fee changes relative to the Massachusetts Aeronautics Commission (received Wednesday, April 18, 2001) (public hearing scheduled for May 17, 2001);

Communication from the Executive Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the General Laws) submitting its intent on increasing parking and user fees for State Parks (received Wednesday, April 18, 2001) (public hearing scheduled for May 17, 2001);

Communication from the Executive Office for Administration and Finance (under the provisions of Section 3B of Chapter 7 of the General Laws) submitting its intent on setting a maximum fee for business corporations who want to increase their shares of capital stock (received Wednesday, April 18, 2001) (public hearing scheduled for May 17, 2001);

Communication from William D. Delahunt, United States Con- gressman, responding to resolutions adopted by the General Court relative to a parity of benefits to retired military personnel (received Friday, April 20, 2001); and

Communication from Chris W. Kopang, Office of the Assistant Secretary of Defense, responding to resolutions adopted by the General Court on March 15, 2001 relative to a parity of benefits to retired military personnel (received Friday, April 20, 2001).

 

Report.

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 Bristol County House of Correction (received Wednesday, April 18, 2001),— was read and sent to the House for its information.

 

Petitions.

Mr. Travaglini presented a petition (accompanied by bill, Senate, No. 1853) of Thomas G. Ambrosino, mayor, Robert E. Travaglini, Kathi-Anne Reinstein and other members of the General Court (with the approval of the mayor and city council) for legislation to authorize the city of Revere to pay a certain sum of money to Noelle Pitten and Virginia Odoardi [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs.

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, J. James Marzilli, Jr., Stanley C. Rosenberg, Mark J. Carron and other members of the General Court for legislation to establish a green building income tax credit;

By Mr. Knapik, a petition (subject to Joint Rule 12) of Michael R. Knapik and Cele Hahn (with the approval of the mayor and the city council) for legislation to exempt certain positions in the city of Westfield from the civil service law [Local approval received];

By Mr. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Paul Kujawski, Stephen M. Brewer, Guy W. Glodis and other members of the General Court for legislation relative to the net spending of the Southern Worcester County Regional Vocational School District;

By Mr. Rosenberg, a petition (subject to Joint Rule 12) of Stanley C. Rosenberg and Nancy Flavin for legislation to allow Bernard Gelinas an application for retirement buy back; and

By Mr. Travaglini, a petition (subject to Joint Rule 12) of Thomas G. Ambrosino, mayor, Robert E. Travaglini, Kathi-Anne Reinstein and other members of the General Court (with the approval of the mayor and city council) to exempt the position of chief of police in the city of Revere from the provisions of civil service law and providing requirements for appointment of chief of police [Local approval received];
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

 

Reports of Committees.

By Mr. Jajuga, for the committee on Public Safety, on Senate, No. 1217 and House, Nos. 1457, 2019 and 3595, a Bill restricting the use of mobile telephones while operating a motor vehicle (Senate, No. 1217, changed in Section 2, in line 25, by striking the figure “$150” and inserting in place thereof the figure:— $25; and in line 26 by inserting after the word “separate” the word:— non-surchargeable); and

By Mr. Joyce, for the committee on Public Service, on petition, a Bill relative to accidental retirement benefits for certain family members (Senate, No. 1366);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

 

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill relative to the term of certain serial loans issued by cities, towns and districts (Senate, No. 1020); and

By the same Senator, for the same committee, on petition, a Bill relative to cities and towns borrowing outside their debt limit (Senate, No. 1028);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 

Committee Discharged.

Mr. Joyce, for the committee on Public Service, reported, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 1329) of Robert S. Creedon, Jr. for legislation relative to dismissal of charges upon failure of a grand jury to present an indictment,— and recommending that the same be referred to the committee on the Judiciary; and

Of the petition (accompanied by bill, Senate, No. 1433) of Michael W. Morrissey for legislation relative to Group Insurance coverage for developmental disorders,— and recommending that the same be referred to the committee on Insurance.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence.

 

Reports of Committees on a Proposal for a
Legislative Amendment to the Constitution.

Mr. Glodis, for the committee on Election Laws, on the petition (accompanied by proposal, Senate, No. 346) of Brian A. Joyce and Emile J. Goguen for a legislative amendment to the Constitution to increase the term of Senators from two to four years,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see Senate, No. 346), ought NOT to pass.

The same Senator, for the same committee, on the petition (accompanied by proposal, Senate, No. 352) of Richard T. Moore, Brian A. Joyce, Carol A. Donovan, other members of the General Court and another for a legislative amendment to the Constitution to increase the term of the General Court from two to four years,—reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see Senate, No. 352), ought NOT to pass.

The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 799) of Jay R. Kaufman and other members of the General Court for a legislative amendment to the Constitution relative to a vacancy in the office of Governor or Lieutenant-Governor,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 799), ought to pass.

The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 2880) of Francis L. Marini and other members of the House relative to a vacancy in the office of Governor or Lieutenant-Governor,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 2880), ought to pass.

The same Senator, for the same committee, on the petition (accompanied by proposal, House, No. 3865) of Ronald Lagasse for a legislative amendment to the Constitution to limit the power of repeal by the General Court,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 3865), ought NOT to pass.

Mr. Joyce, for the committee on Public Service, on the petition (accompanied by proposal, House, No. 1678) of George Rogers, Joan M. Menard, David B. Sullivan and Edward G. Connolly for a legislative amendment to the Constitution relative to mandatory retirement of judges at age 70,— reported, in accordance with a provision of Joint Rule 23, recommending that the amendment proposed by said petition (see House, No. 1678), ought NOT to pass.
The reports were severally read and placed on file, in accordance with the requirements of said rule.

 

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to second and subsequent violations of restraining orders and the violation of a restraining order while armed (House, No. 4113); and

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to aggravated assaults (House, No. 4114);
Severally to the committee on Criminal Justice.

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to correcting defects in the laws governing bail (House, No. 4115);

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to further protecting victims of domestic violence from persons released on bail (House, No. 4116);

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to prohibiting accord and satisfaction in domestic violence cases (House, No. 4117); and

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to protecting the privacy rights of victims of sexual assault and domestic violence (House, No. 4118);
Severally to the committee on the Judiciary.

Message from Her Honor the Lieutenant-Governor, Acting Gov- ernor, recommending legislation relative to promoting fiscal responsibility in the Commonwealth (House, No. 4106); and

Message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to increasing the earned income tax credit (House, No. 4121);
Severally to the committee on Taxation.

A Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Tewksbury (House, No. 4111, amended,— on House, No. 736),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the regulation of hours of operation for common victualler licenses (House, No. 1754,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Notice was received from the House that the Speaker announced the appointment (pursuant to Executive Order No. 413) of Representatives Greene of Billerica and Rodrigues of Westport to the State Workforce Investment Board.

 

Resolutions.

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

Resolutions (filed by Messrs. Brewer, Moore, Tolman, Ms. Melconian, Mr. O’Leary, Ms. Tucker, Messrs. Lynch, Lees, Nuciforo, Jajuga, Ms. Murray, Ms. Jacques and Messrs. Pacheco and Rosenberg) “observing annual Missing Children’s Day in the Commonwealth”;

Resolutions (filed by Ms. Creem) “on the occasion of the eighth annual Asian-American Heritage Festival in the town of Brookline”;

Resolutions (filed by Ms. Creem) “congratulating the Workmen’s Circle/Arbeter Ring on the occasion of its one hundredth anniversary”;

Resolutions (filed by Ms. Fargo) “recognizing the unselfish contributions of Anthony J. Bacchi”;

Resolutions (filed by Ms. Fargo) “commending Sister Sheila Megley, outgoing president of Regis College”;

Resolutions (filed by Mr. Hedlund) “recognizing May as the beginning of Motorcycle Awareness and Safety Season”;

Resolutions (filed by Mr. Joyce) “commemorating the one hundredth anniversary of the Atherton Street Fire Station”;

Resolutions (filed by Mr. Moore) “congratulating Aldo L. Ceechi upon his retirement”;

Resolutions (filed by Ms. Resor) “in recognition of National Nurses’ Week”;

Resolutions (filed by Mrs. Sprague) “congratulating Catherine L. Morse of Millis”;

Resolutions (filed by Ms. Wilkerson) “commemorating the two hundred and thirty-first anniversary of the ‘Boston Massacre’ and the thirty-sixth annual Crispus Attucks Day by the Boston Equal Rights League”; and

Resolutions (filed by Ms. Wilkerson) “honoring Reverend Susie Thomas.”

 

Report 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 Jo Ann Sprague, Scott P. Brown, Michael J. Coppola and Cheryl A. Jacques for legislation to establish a sick leave bank for Marilyn Anufrom, an employee of the Wrentham Development Center.
Senate Rule 36 was suspended, on motion of Mr. Moore, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

Sent to the House for 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 Senate Bill designating the intersection of Southern Artery and Washington Street in Quincy as the William P. Draicchio intersection (Senate, No. 1777, changed),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating the intersection of state highway routes 3A and 53 in the city of Quincy as the William P. Draicchio Square”.

Sent to the House for concurrence.

 

Report of a Committee.

Mr. Brewer, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:

The Senate Bill proclaiming February 14th as congenital heart defect awareness day (Senate, No. 1618).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating February 14 as congenital heart defect awareness day.”

Sent to the House for concurrence.

 

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4127) of Madeleine Howard and others relative to the rights of persons living in residential facilities operated by the Department of Mental Retardation;
Under suspension of Joint Rule 12, to the committee on Human Services and Elderly Affairs.

Petition (accompanied by bill, House, No. 4128) of Joanna Howorth and others for legislation to prohibit the practice of abortion in the Commonwealth; and

Petition (accompanied by bill, House, No. 4129) of William A. Moschella and others relative to the issuance of abuse prevention orders;
Severally, under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4130) of David Nace relative to the removal of motor vehicles involved in an accident;
Under suspension of Joint Rule 12, to the committee on Public Safety.

Petition (accompanied by bill, House, No. 4131) of Paul Kujawski, David L. Flynn and Guy W. Glodis relative to public employees campaigning for part-time municipal offices;
Under suspension of Joint Rule 12, to the committee on Public Service.

 

Recess.

There being no objection, at twelve minutes past eleven o’clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at a half past eleven o’clock A.M. the Senate reassembled, Ms. Melconian in the Chair.

 

PAPER FROM THE HOUSE.
Emergency Preamble Adopted
.

An engrossed Bill establishing a sick leave bank for Michael Sylvia, an employee of the Juvenile Court Department (see House, No. 4049), 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 and sent to the House for enactment.

 

Order Adopted.

Ms. Menard presented the following order:—

Ordered, That, notwithstanding the provisions of an order previously adopted, the Joint Rules of the previous General Court shall remain in effect until Friday, May 25, 2001, as the temporary Joint Rules of the present General Court.
There being no objection, the order was considered forthwith and adopted.

Sent to the House for concurrence.

 

PAPER FROM THE HOUSE.

The House Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4070, printed as amended, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1852, with further amendments in section 2 by striking out items 7061-9615, 8910-0145 and 8910-0619; by inserting before item 6030-7201 the following item:

“6010-0002 .............................................................................................................................. 950,141”;
and in section 2A by striking out item 1599-9956.
The rules were suspended, on motion of Mr. Tisei, and the further House amendments were considered forthwith and adopted, in concurrence.

Recess.

There being no objection, at twenty-five minutes before twelve o’clock noon, the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at eight minutes past twelve o’clock noon, the Senate reassembled, Ms. Melconian in the Chair.

PAPER FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4070, printed as amended, 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 and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President and laid before the Acting Governor for her approbation.

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.

Adjournment in Memory of Richard Hollum.

   Mr. Moore moved that when the Senate adjourns today, it adjourn in memory of Richard Hollum, father of the Senator from Plymouth and Barnstable, Ms. Murray. The Chair (Ms. Melconian) noted that Mr. Hollum is survived by five daughters, two brothers, three sisters, seven grandchildren and many nieces and nephews. This motion prevailed.
  Accordingly, as a mark of respect to the memory of Richard Hollum, at fourteen minutes past twelve o’clock noon, on motion of Mr. Tisei, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.