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, June 3, 2002.

Met at six 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 Guests.

There being no objection, the Chair (Ms. Melconian) introduced students from the Miles River Middle School of Hamilton-Wenham. The students were accompanied by Representative Hill of Ipswich and were the guests of Senator Tarr.

Communications.

A communication from Stacey Parks Townsend, submitting the 2001 annual report on the Massachusetts Property and Casualty Insurance Company Community and the Economic Development Initiative, LLC (PCI) (received Friday, May 31, 2002),— was placed on file.

A communication from the Board of Trustees of the Health Care Security Trust (under the provisions of Section 4(h) of Chapter 29D of the General Laws) submitting its proposed budget for fiscal year 2003 (Senate, No. 2360) (received Friday, May 31, 2002),— was referred to the committee on Health Care.

Sent to the House for concurrence.

Petition.

Mr. O’Leary presented a petition (subject to Joint Rule 12) of Robert A. O’Leary and Eric Turkington (by vote of the town) for legislation to provide for a fuel revolving account at Nantucket Memorial Airport [Local approval received],— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

Ms. Resor, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate Bill relative to disclosure of certain information regarding domain ownership on the Internet (Senate, No. 1804); and

The House bills

Relative to undistributed ballots (House, No. 994);

Relative to consumer and merchant protection (House, No. 4329, amended);

Relative to court advisement (House, No. 4413);

Relative to the identity of a minor (House, No. 4798, amended); and

Further regulating business practices between motor vehicle manufacturers, distributors and dealers (House, No. 4997, amended).

PAPERS FROM THE HOUSE.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to reducing drug and alcohol crimes committed by juveniles (House, No. 4959),— was referred, in concurrence, to the committee on Public Safety.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5093) of Susan W. Pope, Susan C. Fargo and Pamela P. Resor (by vote of the town) relative to establishing a special fund to be used for affordable housing in the town of Sudbury;
To the committee on Housing and Urban Development.

Petition (accompanied by bill, House, No. 5094) of David L. Flynn (by vote of the town) relative to the issuance of bonds by the town of Bridgewater for the construction of a municipal golf course;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5095) of Eric Turkington and Robert A. O’Leary (by vote of the town) relative to the operation of mopeds in the town of Oak Bluffs;
To the committee on Public Safety.

Petition (accompanied by bill, House, No. 5096) of William C. Galvin, Brian A. Joyce and Marian Walsh (by vote of the town) relative to the appointment of police officers in the town of Canton;
To the committee on Public Service.

Petition (accompanied by bill, House, No. 5097) of Shirley Gomes and Robert A. O’Leary (by vote of the town) relative to property tax exemptions for certain rental property in the town of Wellfleet; and

Petition (accompanied by bill, House, No. 5098) of Kay Khan, Peter J. Koutoujian, Ruth B. Balser, Rachel Kaprielian and Cynthia Creem (with the approval of the mayor and city council) relative to property tax deferrals in the city of Newton;
Severally to the committee on Taxation.

A Bill relative to the testing by homeowners for urea formaldehyde foam insulation (House, No. 3307,— on Senate, No. 489 and House, No. 3307),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Relative to historic resources in the Community Preservation Act (printed as Senate, No. 2343,— on petition); and

Validating the action taken at the 2000 annual town meeting of the town of Amherst (printed in House, No. 4890,— being a message from Her Honor the Lieutenant-Governor, Acting Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills

Authorizing the town of Winchester to establish a retiree healthcare liability trust fund (printed as Senate, No. 2191,— on petition) [Local approval received]; and

Relative to the police department of the town of Milford (House No. 4987,— on House, No. 4731) [Local approval received on House, No. 4731];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Human Services and Elderly Affairs, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 5064) of Thomas N. George relative to the granting of furloughs to committed offenders for the purpose of attending certain funerals, and recommending that the same be referred to the committee on Public Safety,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5116) of Daniel F. Keenan relative to the suspension of child labor laws in certain emergencies;
Under suspension of Joint Rule 12, to the committee on Commerce and Labor.

Petition (accompanied by bill, House, No. 5117) of James E. Vallee relative to the taxation of certain tangible property and services purchased through mobile telecommunications;
Under suspension of Joint Rule 12 to the committee on Taxation.

Petition (accompanied by bill, House, No. 5118) of Mary Jane Simmons and Robert A. Antonioni relative to the repair of Malburn Street in the city of Leominster;
Under suspension of Joint Rule 12, to the committee on Transportation.

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 gun ranges (see House, No. 313, changed and amended);

Relative to the appointing of alternate members to the conservation commission of the town of North Andover (see House, No. 4017); and

Authorizing the Division of Capital Asset Management and Maintenance to convey certain easements to the city of Gardner (see House, No. 4821, amended).

Resolutions.

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

Resolutions (filed by Mr. Joyce) “honoring the memory of Kevin Coombes”;

Resolutions (filed by Mr. Joyce) “congratulating Douglas C. Spence on receiving the Public Safety Award of the Knights of Columbus, Father John J. Flatley Council 2095”;

Resolutions (filed by Mr. Joyce) “congratulating Robert E. Sykes on receiving the Public Safety Award of the Knights of Columbus, Father John J. Flatley Council 2095”;

Resolutions (filed by Mr. Pacheco) “on the occasion of the fiftieth anniversary of Stephen and Nancy Miles”;

Resolutions (filed by Mrs. Sprague) “on the occasion of the retirement of Susan L. Brainard”;

Resolutions (filed by Mrs. Sprague) “on the occasion of the retirement of Penelope S. Calf”;

Resolutions (filed by Mrs. Sprague) “honoring Katharina C. Decas for 29 years of faithful service to the town of Sharon”;

Resolutions (filed by Mrs. Sprague) “honoring Linda K. DiVittorio for 29 years of faithful service to the town of Sharon”;

Resolutions (filed by Mrs. Sprague) “honoring M. Eileen Fitzgerald and her 33 years of faithful service to the town of Sharon”;

Resolutions (filed by Mrs. Sprague) “honoring Frederick P. LaChapelle for 34 years of faithful service to the town of Sharon”;

Resolutions (filed by Mrs. Sprague) “honoring Joan Sweeney for 22 years of faithful service to the town of Foxborough”;

Resolutions (filed by Mrs. Sprague) “honoring Dorothy Whiting for 28 years of faithful service to the town of Foxborough”; and

Resolutions (filed by Mrs. Sprague) “honoring Robert F. Ziniti for 32 years of faithful service to the town of Sharon.”

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 North Andover to settle certain lawsuits (House, No. 4272),— was read a third time.

Pending the question on passing the bill to be engrossed, Messrs. Tarr and Baddour moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:—

“Notwithstanding any general or special law to the contrary, the town of North Andover may approve a settlement of lawsuits brought against the town and its employees by Mesiti Development Corporation and others in the United States district court for Massachusetts and the Essex division of the superior court department, relating to construction of a sewer line in the area of state route 114, with payment by the town of $56,000 per year with no interest over 10 years, to be paid from the sewer rates and from additional connection fees to be assessed by the board of selectmen to landowners who connect to this sewer line, and also with payment to Mesiti Development Corporation of $176,000 from the inflow and ingress account. The town may accept title and ownership of this sewer line and three associated pumping stations that have been constructed, accept appropriate easements, and waive or accept sewer connection fees. The town manager, with the approval of the board of selectmen, may expend funds, sign agreements, and take all other actions necessary to carry out the settlement, including, but not limited to a certain agreement dated March 2002.”.
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.

The House Bill authorizing the certification and appointment of Kelly L. Reynolds as a police officer in the town of Wilmington (House, No. 4920),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill designating certain bridges in the town of Saugus and the city of Woburn (House, No. 4612,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill authorizing the city of Worcester to place a conservation restriction on Green Hill Park (House, No. 4939,— on Senate, No. 2277 and House, No. 4939) [Local approval received on Senate, No. 2277 and House, No. 4939],— 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.

Order Adopted.

On motion of Mr. Moore,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o’clock A.M., and that the Clerk be authorized to dispense with the printing of a calendar; and that pursuant to Senate Rule 27A consideration of the proposed Senate Ways and Means recommendations to the FY2003 state budget shall commence on Tuesday, June 11 and amendments to said recommendations shall be filed with the Clerk in electronic format beginning Wednesday, June 5 subsequent to the bill being reported by the committee on Ways and Means. Amendments will be accepted by the Clerk on Wednesday, June 5 through Friday, June 7 until five o’clock P.M.

On motion of Mr. Knapik, at twenty-seven minutes before twelve o’clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.