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, May 9, 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).

Petitions.

Petitions were presented and referred, as follows:

By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer, Reed V. Hillman, Robert A. O’Leary, Anne M. Gobi and other members of the General Court for legislation to proclaim May twenty-fifth as Missing Children’s Day;

By Mr. Hedlund (by request), a petition (subject to Joint Rule 12) of Irving Murstein for legislation to provide for voluntary exclusion from certain lists sold by government agencies;

By the same Senator (by request), a petition (subject to Joint Rule 12) of Irving Murstein for legislation to allow the Registrar of Motor Vehicles to issue a single state commercial drivers license to drivers of buses;

By the same Senator (by request), a petition (subject to Joint Rule 12) of Irving Murstein for legislation to provide for compensatory damages to vehicles damaged by road defects and pot holes on public roadways;

By the same Senator (by request), a petition (subject to Joint Rule 12) of Irving Murstein for legislation to provide for the expansion of the Mass Health Program;

By the same Senator (by request), a petition (subject to Joint Rule 12) of Irving Murstein for legislation to require operators of a street railway trolley and a subway vehicle to be licensed as a motorman by the Registry of Motor Vehicles;

By the same Senator (by request), a petition (subject to Joint Rule 12) of Irving Murstein for legislation to provide for the posting of a bond by title insurance companies;

By Mr. Tolman, a petition (subject to Joint Rule 12) of Steven A. Tolman, Timothy J. Toomey, Jr., Paul C. Demakis, Robert E. Travaglini, Alice K. Wolf, Jarrett T. Barrios and others (with the approval of the mayor and city council) for legislation to allow citizens of Cambridge who are seventeen years of age or older to vote in local elections [Local approval received];
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Morrissey, for the committee on Government Regulations, on petition (accompanied by bill, House, No. 1752), a Bill relative to the licensing of telecommunications professionals (Senate, No. 2341); and

By Ms. Wilkerson, for the committee on State Administration, on petition (accompanied by bill, Senate, No. 2134), a Bill authorizing an exchange of certain land between the town of Tewksbury and the Commonwealth (Senate, No. 2342);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

 

PAPERS FROM THE HOUSE.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to the Workforce Training Fund (House, No. 4872),— was referred, in concurrence, to the committee on Commerce and Labor.

 

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5055) of Maryanne Lewis and Marian Walsh (by vote of the town) that the town of Dedham be authorized to send certain information to the voters of said town;
To the committee on Election Laws.

Petition (accompanied by bill, House, No. 5056) of Garrett J. Bradley (by vote of the town) that the town of Hingham be authorized to issue additional licenses for the sale of alcoholic beverages;
To the committee on Government Regulations.

Petition (accompanied by bill, House, No. 5057) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to amending the charter of the town of Provincetown;

Petition (accompanied by bill, House, No. 5058) of Maryanne Lewis and Marian Walsh (by vote of the town) that the town of Dedham be authorized to pay a certain sum of money to Anisia Gifford for overpaid sewer user fees; and

Petition (accompanied by bill, House, No. 5059) of Susan W. Pope, Susan C. Fargo and Cheryl A. Jacques (by vote of the town) that the town of Wayland be authorized to convey certain park land to be used for highway purposes;
Severally to the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5060) of Maryanne Lewis and Marian Walsh (by vote of the town) relative to the residency requirement for the position of town administrator in the town of Dedham;
To the committee on Public Service.

Petition (accompanied by bill, House, No. 5061) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to the acceptance of the community preservation act by the town of Provincetown; and

Petition (accompanied by bill, House, No. 5062) of Maryanne Lewis and Marian Walsh (by vote of the town) that the town of Dedham be authorized to pay a certain sum of money to Albert Tays for overpaid real estate taxes;
Severally to the committee on Taxation.  

A Bill designating a certain square in the town of Dracut as the Captain John Ogonowski Memorial Square (House, No. 4749, amended,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Resolutions.

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

Resolutions (filed by Mr. Birmingham) “recognizing the observance of the month of May as Asian/Pacific American Heritage Month”;

Resolutions (filed by Messrs. Brewer, O’Leary, Moore, Knapik, Ms. Jacques, Mr. Montigny, Ms. Chandler, Messrs. Tarr and Pacheco, Mrs. Sprague, Ms. Murray, Messrs. Tolman, Havern, Joyce, Shannon and Magnani) “on the occasion of Missing Children’s Day”;

Resolutions (filed by Ms. Creem) “congratulating Kurkman’s Market”;

Resolutions (filed by Ms. Murray and Mr. O’Leary) “congratulating Betty-Jane Burkhardt on the occasion of her retirement”;

Resolutions (filed by Ms. Murray) “on the occasion of the retirement of Michael Whelan”;

Resolutions (filed by Mr. Panagiotakos) “on the occasion of the dedication of a memorial honoring the Westford firefighters”; and

Resolutions (filed by Ms. Wilkerson) “honoring Greater Options for Adolescent Lives.”

 

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted.

An engrossed Bill including employees of the Central Massachusetts Regional Planning Commission in the group insurance plan (see Senate, No. 2131, 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill designating the Old Suffolk County Courthouse as the John Adams Courthouse (see House Bill, printed in House, No. 4984), 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 5 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

An engrossed Bill providing for local government workforce reduction through an early retirement incentive program for certain employees (see House, No. 5007, 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 4 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

 

The engrossed Bill providing for the 2002 special election in the city of Woburn (Senate, No. 2317),— came from the House amended as follows:

In section 1, in lines 6 and 7 (as printed), by striking out the following sentence: “Notification by mail of changes in voting precinct polling places required by section 24 of chapter 54 of the General Laws shall not be required” and inserting in place thereof the following sentence: “Notification of the changes in polling locations shall be provided by mail although households with multiple voters need only receive one such notice.”.
The rules were suspended, on motion of Mr. Rosenberg, and the House amendment was considered forthwith and adopted, in concurrence.  

Petition.

On motion of Mr. Tolman, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Shannon, (accompanied by bill) of Allison Stieber and Charles E. Shannon for legislation relative to exempting state residents from certain Boston vehicular rental surcharges,— and the same was referred to the committee on State Administration.

Sent to the House for concurrence.

 

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, Maureen Mercie, Bailey Slabodnick, members of the General Court and others for legislation to designate assorted wafers as the official candy of the Commonwealth.
Senate Rule 36 was suspended, on motion of Mr. McGee, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration.

Sent to the House for concurrence.

 

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5071) of John F. Quinn (by vote of the town) (with the approval of the county commissioners) that the Bristol County Retirement Board be directed to increase the retirement allowance paid to Louis Caton, a retired police officer of the town of Dartmouth,— was referred, in concurrence, under suspension of Joint Rules 12 and 9, to the committee on Public Service.  

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, June 14, 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.

 

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 Senate Bill relative to the naming of a certain state building (Senate, No. 2267),— 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 a visitor information center in the city of Springfield as the William C. Sullivan Visitor Information Center”.

Sent to the House for concurrence.

 

The House Bill relative to the appointment of retired police officers in the town of Stoneham (House, No. 4168, changed),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Tisei moved that the bill be amended in section 8, by striking out the last sentence.
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.

 

PAPERS FROM THE HOUSE.

A Bill relative to zoning in the town of Kingston (House, No. 4847,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.  

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:

Relative to elections in the town of Huntington (see House, No. 4741, changed); and

Providing for recall elections in the town of Huntington (see House, No. 4742).

 

Order Adopted.

On motion of Mr. Rosenberg,—

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 seventeen minutes past eleven o’clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and at six minutes before one o’clock P.M., the Senate reassembled, Ms. Melconian in the Chair.

 

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate), 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:

Including employees of the Central Massachusetts Regional Planning Commission in the group insurance plan (see Senate, No. 2131, amended);

Providing for the 2002 special election in the city of Woburn (see Senate, No. 2317, amended);

Designating the Old Suffolk County Courthouse as the John Adams Courthouse (see House Bill, printed in House, No. 4984); and

Providing for local government workforce reduction through an early retirement incentive program for certain employees (see House, No. 5007, amended).

A petition (accompanied by bill, House, No. 5072) of Peter J. Larkin relative to requiring the Teachers’ Retirement Board to grant certain retirement benefits to Carol Mellett, surviving spouse of Thomas Mellett,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

On motion of Mr. Lees, at five minutes before one o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.