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 24, 2001.


Met at five minutes past eleven o’clock A.M. (Ms. Melconian in the Chair).

Report.

A report of the Senate Committee on Post Audit and Oversight (under the provisions of Section 63 of Chapter 3 of the General Laws, as most recently amended by Chapter 557 of the Acts of 1986) entitled: Getting on Track: Common Sense Ideas to Expedite Rail Development in Massachusetts (Senate, No. 1858) (received Monday, May 21, 2001),— was placed on file.

 

Petitions.

Mr. Hedlund presented a petition (accompanied by bill, Senate, No. 1872) of Robert L. Hedlund (by vote of the town) for legislation to allow Cohasset water commissioners to serve in other town offices [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 Mr. Lynch, a petition (subject to Joint Rule 12) of Stephen F. Lynch for legislation relative to fair and responsible contracting practice at the Massachusetts Bay Transportation Authority;

By Mr. Nuciforo, a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr. and Arthur J. Broadhurst for legislation relative to establishing paternity; and

By Mr. Pacheco, a petition (subject to Joint Rule 12) of Marc R. Pacheco for legislation to authorize distinctive registration plates bearing the Blue Knights law enforcement club designation;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

 

Reports of Committees.

By Mr. Nuciforo, for the committee on Banks and Banking, on Senate, No. 8 and House, No. 573, a Bill relative to safety precautions for users of automated teller machines (Senate, No. 1875);

By Ms. Murray, for the committee on Insurance, on petition, a Bill relative to the operation of motor vehicles equipped with ignition interlock devices and the reduction of automobile insurance premiums (Senate, No. 750); and

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill relative to historic districts and landmarks (Senate, No. 1035);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Mr. Nuciforo, for the committee on Banks and Banking, on petition, a Bill relative to credit union real estate loans (Senate, No. 6);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 9), a Bill relative to the declaration of non-cash dividends by trust companies (Senate, No. 1873);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 104), a Bill relative to limitations on total obligations of one borrower to a stock corporation or thrift institution (Senate, No. 1874);

By Mr. Morrissey, for the committee on Government Regulations, on Senate, No. 400 and House, No. 2895, a Bill providing for a statewide information and referral system utilizing an abbreviated dialing code (Senate, No. 400). (Note: Senate, No. 400 was transmitted to the Secretary of the Commonwealth, under the provisions of Section 5 of Chapter 3 of the General Laws, and returned by him with memoranda relative thereto);

By Ms. Murray, for the committee on Insurance, on petition, a Bill relative to health care coverage (Senate, No. 760);

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill relative to the zoning of adult entertainment (Senate, No. 1044); and

By the same Senator, for the same committee, on petition, a Bill to further regulate the use of interlocal agreements (Senate, No. 1036, changed in line 7 by striking out the word “minimum” and inserting in place thereof the word “maximum”);
Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Mr. Nuciforo, for the committee on Banks and Banking, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 11) of Steven C. Panagiotakos and David M. Nangle for legislation to increase the total borrower liability under the banking laws;

By Ms. Murray, for the committee on Insurance, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 776) of Bruce E. Tarr, Anthony J. Verga, Brian P. Lees and other members of the General Court for legislation relative to the health insurance purchasing cooperatives;

On the petition (accompanied by bill, Senate, No. 778) of Bruce E. Tarr, Bradford Hill, Anthony J. Verga and Shirley Gomes for legislation to increase the affordability and accessibility of health insurance in the Commonwealth;

On the petition (accompanied by bill, Senate, No. 779) of Bruce E. Tarr and Anthony J. Verga for legislation to improve the availability of health insurance; and

On the petition (accompanied by bill, Senate, No. 786) of Robert E. Travaglini and Susan C. Fargo for legislation to require dentists and dental hygienists to obtain professional malpractice liability insurance; and

By Mr. Tolman, for the committee on Local Affairs, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1037) of Pamela P. Resor, Anthony J. Verga, Jose L. Santiago, Cory Atkins and Brian A. Joyce for legislation relative to the protection of historic resources within subdivision control laws;
Severally referred, under Senate Rule 36, to the committee on Steering and Policy.

 

PAPERS FROM THE HOUSE.

A Bill relative to elderly abuse (House, No. 2533, changed,— on House, Nos. 74, 1403, 2533 and 3742),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 

Reports
Of the committee on Health Care, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 609) of Bruce J. Ayers for legislation to determine the liability and remediate the negative effects caused by the manufacture and sale of lead based paint products,— and recommending that the same be referred to the committee on the Judiciary.

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

Of the petition (accompanied by bill, House, No. 465) of Jay R. Kaufman, Robert A. Havern and Susan C. Fargo relative to the remedy for personal injury or wrongful death under the workers’ compensation laws,— and recommending that the same be referred to the committee on Commerce and Labor.

Of so much of the recommendations of the Executive Office of Public Safety (House, No. 136) as relates to amusement devices (accompanied by bill, House, No. 141),— and recommending that the same be referred to the committee on Public Safety.

Of the committee on Public Safety, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1079) of Thomas P. Kennedy and another relative to the issuance of distinctive license plates to certain disabled veterans,— and recommending that the same be referred to the committee on Taxation.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

 

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

Of the petition (accompanied by bill, House, No. 1039) of Nancy Flavin, Daniel E. Bosley, Thomas J. O’Brien and Kathleen M. Teahan for legislation to include pharmacists in the definition of health care provider in medical malpractice actions; and

Of the petition (accompanied by bill, House, No. 1780) of Nancy Flavin and Ronald Mariano relative to supplemental medical care for certain disabled persons;

And recommending that the same severally 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 committee.

 

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 Stephen M. Brewer and Stephen Kulik for legislation relative to the disposition of certain state-owned property in the town of New Salem.
Senate Rule 36 was suspended, on motion of Mr. Shannon, 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.

 

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4175) of Patricia A. Walrath and Pamela P. Resor relative to the establishment of voting precincts in towns;
Under suspension of Joint Rule 12, to the committee on Election Laws.

Petition (accompanied by bill, House, No. 4176) of Joseph C. Sullivan and Robert A. Havern relative to toll enforcement on the Tobin Memorial Bridge by the Registrar of Motor Vehicles;
Under suspension of Joint Rule 12, to the committee on Transportation.

Petition (accompanied by bill, House, No. 4177) of Carol C. Cleven and other members of the General Court relative to exempting certain energy saving appliances from the sales tax; and

Petition (accompanied by bill, House, No. 4178) of Gerald S. Doyle, Jr. (mayor), Peter J. Larkin, Shaun P. Kelly, Andrea F. Nuciforo, Jr., and Christopher J. Hodgkins (with the approval of the city council) relative to establishing a finance advisory board in the city of Pittsfield;
Severally, under suspension of Joint Rule 12, to the committee on Taxation.

 

Resolutions.

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

Resolutions (filed by Ms. Creem) “on the retirement of Anna Borré from the Newton public schools”;

Resolutions (filed by Ms. Creem) “honoring Joan Parsons on her retirement from the Newton public school system”;

Resolutions (filed by Ms. Creem) “congratulating Susan Varga on the occasion of her retirement from the Newton public schools”;

Resolutions (filed by Mr. Joyce) “honoring John W. Keith”;

Resolutions (filed by Mr. Knapik) “honoring James F. Shea upon his retirement”;

Resolutions (filed by Mr. Lees) “on the occasion of the retirement of Roy Hines, Sr.”; and

Resolutions (filed by Mr. Morrissey) “honoring Raymond J. Tombari upon his retirement from the Braintree public school system.”


Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to the Springfield Civic and Convention Center (House, No. 4124),— ought to pass.
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.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill releasing certain land in Colrain from the operation of an agricultural preservation restriction (Senate, No. 1603),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 1871).
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 (Senate, No. 1871) was then ordered to a third reading, read a third time and passed to be engrossed.

Sent to the House for concurrence.

 
By Mr. Montigny, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Rena C. Pelletier, an employee of the Trial Court of the Commonwealth (House, No. 3760),— ought to pass, with an amendment, inserting at the end thereof the following sentence:— “Whenever Rena C. Pelletier terminates employment with the trial court or requests to dissolve the sick leave bank, the balance of sick leave bank shall be transferred to the trial court paid leave bank.”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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, read a third time and passed to be engrossed, in concurrence, with the amendment, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing a sick leave bank for Rena C. Pelletier, an employee of the Trial Court.”

Sent to the House for concurrence in the amendment.

 
Order Adopted.

On motion of Mr. Tisei,—

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