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 25, 2001.

Met at four minutes past eleven o’clock A.M.

 

Distinguished Guest.

There being no objection, the Chair (Ms. Melconian) introduced, seated in the rear of the Chamber, Patrick Quinn from Los Angeles, California. He was the guest of Senate President Birmingham and Senator Melconian.

 

Communications.

The following communications were severally placed on file:

Communication from the Wonderland Greyhound Park, Inc. (under the provisions of Section 2 of Chapter 128C of the General Laws) submitting copies of simulcasting contracts entered into by Wonderland (received Friday, June 8, 2001);

Communication from Robert J. Garvey, Sheriff of Hampshire County, submitting a response of corrective action to an inspection conducted by the Department of Public Health (received Monday, June 11, 2001);

Communication from the Wonderland Greyhound Park, Inc. (under the provisions of Section 2 of Chapter 128C of the General Laws) submitting copies of simulcasting contracts entered into by Wonderland (received Tuesday, June 19, 2001); and

A communication from Congressman Christopher Smith, Chairman of the Congressional Committee on Veterans’ Affairs, acknowledging receipt of resolutions memorializing Congress to enact legislation to provide parity of benefits to all retired career military personnel (received Monday, June 25, 2001).

 

Report.

A report of the Foundation Budget Review Commission (under the provisions of Section 139 of Chapter 159 of the Acts of 2001) (received Thursday, June 21, 2001),— was placed on file (text of this report posted on General Court web site).

 

Reports of Committees.

By Mr. Havern, for the committee on Transportation, on petition, a Bill relative to the accelerated transportation development and improvement program (Senate, No. 1765);

Read and, under Senate Rule 27, referred to the committee on Ways and Means.

 

By Mr. Havern, for the committee on Transportation, on petition, a Bill relative to designating a certain square in the town of Webster the Elks memorial square (Senate, No. 1772);

Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill authorizing the city of Marlborough to convey a certain parcel of recreation land to Louis Seymour (Senate, No. 1876) [Local approval received];

Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

 

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4253) of Geraldine Creedon, Robert S. Creedon, Jr., David L. Flynn and Jo Ann Sprague (by vote of the town) relative to veterans’ benefits in the town of Easton,— was referred, in concurrence, to the committee on Human Services and Elderly Affairs.

 

A Bill establishing a sick leave bank for Elizabeth Menslage, an employee of the Department of Mental Health (House, No. 4037, amended,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

 

A Bill relative to handicap parking restrictions (House, No. 4171, amended,— on House, No. 181),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 

Bills

Authorizing the city of New Bedford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4053,— on petition) [Local approval received]; and

Authorizing the city of Lowell to convey a certain parcel of public water supply land (House, No. 4054,— on petition) [Local approval received];

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 Banks and Banking, recommending that the communication from the Commissioner of Banks (under the provisions of Section 2A of Chapter 167 of the General Laws) submitting proposed regulations governing unfair and deceptive practices in consumer transactions (House, No. 1144) be placed on file,— came from the House, accepted by the House.

Under Senate Rule 36, the report was considered forthwith and accepted, in concurrence.

 

Reports

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

Of the petition (accompanied by bill, House, No. 641) of Harold M. Naughton, Jr., that provisions be made for the appointment of two probation clerks for the District Court of Clinton;

Of the petition (accompanied by bill, House, No. 2196) of Patricia D. Jehlen and other members of the General Court that the Parole Board be directed to establish regional intensive parole sex offender programs throughout the Commonwealth;

Of the petition (accompanied by bill, House, No. 2374) of Ronald Mariano for legislation to provide for the appointment of a deputy assistant registrar in the Norfolk Probate Court;

Of the petition (accompanied by bill, House, No. 2728) of Antonio F. D. Cabral, Colleen M. Garry, Susan C. Fargo, Patricia D. Jehlen, Kay Khan, Benjamin Swan and another relative to using twenty percent of seized assets from drug forfeitures for drug treatment and prevention programs;

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.

 

Resolutions.

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

Resolutions (filed by Ms. Melconian and Mr. Lees) “honoring Mary Reardon Johnson for 30 years of service to the western Massachusetts community.”

 

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 Steven A. Tolman and Rachel Kaprielian (with the approval of the town council) for legislation to provide for the continued taxability of certain real and personal property located in the town of Watertown [Local approval received].

Senate Rule 36 was suspended, on motion of Ms. Fargo, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.

 

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. Havern and Carol A. Donovan for legislation to designate the Woburn Regional Transportation Center as the Anderson Regional Transportation Center.

Senate Rule 36 was suspended, on motion of Ms. Fargo, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.

Severally sent to the House for concurrence.

 

Petition.

On motion of Ms. Chandler, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Rosenberg (accompanied by bill) of Stanley C. Rosenberg and John F. Merrigan for legislation relative to employees at the Franklin County Jail and House of Corrections,— and the same was referred to the committee on Public Service.

Sent to the House for concurrence.

 

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4259) of Paul C. Casey and Charles E. Shannon (by vote of the town) that certain school construction projects in the town of Winchester be exempt from provisions of the competitive bidding laws; and

Petition (accompanied by bill, House, No. 4260) of Emile J. Goguen and Brian Knuuttila that the Division of Capital Asset Management and Maintenance be authorized to convey a certain easement in the city of Fitchburg to Francis Driscoll and Carleta Driscoll;

Severally, under suspension of Joint Rule 12, to the committee on State Administration.

 

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 House Bill authorizing and directing the Superintendent of State Office Buildings to accept and place a mural of the 9/4th Infantry Division in the State House (House, No. 1125).

There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time.

Mr. Antonioni presented an amendment, striking out the second paragraph and inserting in place thereof the following paragraph:—

“This mural shall be placed on a wall space adjacent to and behind the railing above the Grand Staircase on the fourth floor of the state house.”

The amendment was adopted.

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.

Sent to the House for concurrence in the amendment.

 

PAPERS FROM THE HOUSE.

A Bill validating action taken at the special town meeting held by the town of Seekonk (printed in House, No. 4134,— being a message from Her Honor the Lieutenant Governor, Acting Governor),— was read.

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.

 

A Bill relative to financial conditions in the city of Pittsfield (House, No. 4178, changed,— on petition) [Local approval received],— was read.

There being no objection, the rules were suspended, on motion of Ms. Chandler, 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 directing the Plymouth County Retirement Board to retire Dennis C. Malloy, a police officer of the town of Hanover (House, No. 4207,— on House, No. 4029),— 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 making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4231,— on House, No. 3024, in part),— was read.

There being no objection, the rules were suspended, on motion of Mr. Shannon, and the bill was read a second time.

Mr. Montigny presented an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 1902.

The amendment was adopted.

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.

Sent to the House for concurrence in the amendment.

 

Order Adopted.

Ms. Menard presented the following order:—

Ordered, That, notwithstanding the provisions of orders previously adopted, the Joint Rules of the previous General Court shall remain in effect until Monday, July 23, 2001 as temporary Joint Rules for the present General Court.

There being no objection, the order was considered forthwith and adopted.

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 relative to condominium by-laws (Senate, No. 1877),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed.

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 authorizing the Division of Fisheries and Wildlife to take or acquire conservation restrictions in and to lands of the Dalton Fire District (Senate, No. 1884).

There being no objection, the rules were suspended, on motion of Ms. Chandler, 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 authorizing the Division of Fisheries and Wildlife to acquire conservation restrictions to lands of the Dalton Fire District.”

Sent to the House for concurrence.

 

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill allowing victims of violent crimes to testify at Parole Board hearings (see Senate, No. 1844), 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 President and sent to the House for enactment.

 

Order Adopted.

Mr. Lynch presented the following order, to wit:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee on Commerce and Labor be granted until Wednesday, October 31, 2001 in which to report on certain Senate documents numbered 29, 40, 63, 87, 111 and certain current House documents numbered 76, 77, 231, 236, 404, 770, 1915, 1917, 2281, 2851, 2853, 3037, 3050, 3052, 3254, 3486 and 3669, relative to corporations, unemployment insurance and business transactions.

The order was considered forthwith and, there being no objection, it was adopted.

Sent to the House for concurrence.

 

Order Adopted.

On motion of Ms. Melconian,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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 sixteen minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at twenty minutes before twelve o’clock noon, the Senate reassembled, 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).

 

PAPERS FROM THE HOUSE.

A Bill making certain appropriations for the fiscal year ending June 30, 2002, prior to final action on the General Appropriation Bill for said fiscal year (printed in House, No. 4244,— being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read.

There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act making certain appropriations for the fiscal year ending June 30, 2002, before final action on the General Appropriation Bill for that fiscal year.”

 

Engrossed Bill.

An engrossed Bill validating actions taken at the annual town election of the town of Longmeadow (see Senate, No. 1817) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President and laid before the Acting Governor for her approbation.

 

Recess.

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

 

Committee Change.

The Chair (Ms. Melconian) announced the resignation of Senator Tarr of First Essex and Middlesex as a member of the committee on Bills in the Third Reading and the appointment of Senator Tisei of Third Middlesex to fill the vacancy.

 

PAPERS 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. 4231),— 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 1902) with a further amendment striking out item 7061-9615.

The rules were suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith and adopted, 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 financial conditions in the city of Pittsfield (see House, No. 4178, changed); and

Making certain appropriations for the fiscal year ending June 30, 2002, before final action on the General Appropriation Bill for that fiscal year (see House Bill, printed in House, No. 4244).

 

A petition (accompanied by bill, House No. 4265) of Thomas M. Finneran for legislation to provide for temporary extension of the horse and dog racing simulcast wagering law,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Government Regulations.

 

Recess.

There being no objection, at thirteen minutes before five o’clock P.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at four minutes past five o’clock P.M., the Senate reassembled, Ms. Melconian in the Chair.

 

Committee Change.

The Chair (Ms. Melconian) announced the resignation of Senator Tisei of Third Middlesex as a member of the committee on Bills in the Third Reading and the reappointment of Senator Tarr of Third Middlesex thereto.

 

PAPERS FROM THE HOUSE.

Engrossed Bill.

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. 4231, amended) (which originated in the House), having been certified by the Acting Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President and laid before the Acting Governor for her approbation.

 

 

On motion of Mr. Tisei, at five minutes past five o’clock P.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.