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

JOURNAL OF THE SENATE.

Wednesday, July 3, 2002.

Met at three minutes past eleven o’clock A.M. (Mr. Moore in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of 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: Losing Credibility: Troubling Trends in the Consumer Credit Counseling Industry in Massachusetts (Senate, No. 2391) (received Monday, July 1, 2002),— was placed on file.

Petition.

Ms. Creem presented a petition (subject to Joint Rule 12) of Cynthia S. Creem, Peter J. Koutoujian, Ruth B. Balser and Kay Khan for legislation relative to the creation of a task force to study the impact of the Massachusetts Turnpike on Newton neighborhoods,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Report of a Committee.

By Mr. Panagiotakos, for the committee on Housing and Urban Development, on petition (accompanied by bill, Senate, No. 2362), a Bill authorizing the Metropolitan District Commission to lease certain property in the city of Newton (Senate, No. 2392);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.  

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to the possession of weapons within secure areas of airports (House, No. 5190);

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to criminalizing the possession and use of chemical, biological or nuclear weapons (House, No. 5191); and

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to criminalizing the possession and use of a hoax substance (House, No. 5192);
Severally to the committee on Criminal Justice.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to strictly regulating the transfer and storage of explosives (House, No. 5193);
To the committee on Public Safety.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to acceptance of the municipal early retirement incentive by the town of Westport (House, No. 5194);
To the committee on Public Service.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to safeguarding certain records to ensure public safety (House, No. 5195);
To the committee on State Administration.  

A Bill relative to payment of certain medical expenses of Boston firefighters Joseph Cady and Alonzo P. Brooks (House, No. 4056,— on petition) [Local approval received],— was read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Bill Recalled from the Acting-Governor

Laid Before the Senate.

On motion of Mr. Tolman, it was voted that a messenger be appointed to wait upon Her Honor the Lieutenant-Governor, Acting Governor, requesting the return to the Senate of the engrossed Bill relative to obscene material (see Senate, No. 2111, amended).

Mr. Tolman was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.

There being no objection, on motion of Mr. Tolman, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.

On motion of the same Senator, Senate Rule 49 was suspended.

Mr. Tisei presented an amendment, in section 1, by inserting after the word “handwritten” the following word:— “or”.
This amendment was adopted.
Sent to the House for concurrence in the amendment.  

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5203) of William M. Straus and Steven A. Tolman relative to the privacy rights of certain customers of supermarkets;
Under suspension of Joint Rule 12, to the committee on Commerce and Labor.

Petition (accompanied by bill, House, No. 5204) of John A. Lepper, Cheryl A. Jacques, Elizabeth Poirier and Jo Ann Sprague (with the approval of the mayor and city council) relative to amending the charter of the city of Attleboro concerning elections;
Under suspension of Joint Rule 12, to the committee on Election Laws.

Petition (accompanied by bill, House, No. 5205) of Paul E. Caron relative to the re-inspection of motor vehicles by independent auto damage appraisers;
Under suspension of Joint Rule 12, to the committee on Insurance.

Petition (accompanied by bill, House, No. 5206) of Eugene L. O’Flaherty relative to the eligibility of Robert Better for death and disability benefits under the cancer law, so-called;
Under suspension of Joint Rule 12, to the committee on Public Service.  

A petition (accompanied by resolve, House, No. 5202) of David T. Donnelly that provision be made for payment from the state treasury of a certain sum of money to Colonel William J. Gormley III, of the Massachusetts National Guard,— came from the House referred, under suspension of Joint Rule 12, to the House committee on Ways and Means; and the Senate concurred in the suspension of said joint rule.  

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 Stephen M. Brewer and John F. Merrigan for legislation to authorize the Pioneer Valley Regional School District to borrow money for construction costs at the Warwick community school.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities.  

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 Andrea F. Nuciforo, Jr. and Christopher J. Hodgkins (by vote of the town) for legislation for the protection of natural resources, authorizing the Department of Environmental Management and the Division of Fisheries and Wildlife to acquire conservation restrictions in and to lands of the town of Egremont [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Tarr, 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.  

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 Marc R. Pacheco, Joan M. Menard and other members of the General Court for legislation to authorize the Department of Environmental Management and the Division of Fisheries and Wildlife to acquire conservation restrictions in and to lands owned by the cities of New Bedford and Taunton and the towns of Freetown, Lakeville, Middleborough and Rochester.
Senate Rule 36 was suspended, on motion of Mr. Tarr, 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.
Severally sent to the House for concurrence.  

Resolutions.

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

Resolutions (filed by Mr. Hedlund) “recognizing Edward F. Perry, Jr. upon his receipt of the Road to Responsibility’s 2002 Man of the Year Award.”

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 House Bill relative to betterment assessments for sewerage facilities in the town of Millbury (House, No. 1507),— was read a third time and passed to be engrossed, in concurrence.  

PAPERS FROM THE HOUSE.

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 the insurers insolvency fund (see House, No. 1784, amended);

Relative to fees of justices of the peace (see House, No. 2745, changed);

Authorizing the town of Mashpee to grant additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4234, amended); and

Relative to the employment of certain minors (see House, No. 4310, amended). 

Order Adopted.

On motion of Mr. Tolman,—

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 eight minutes past eleven o’clock A.M., the Chair (Mr. Moore) declared a recess subject to the call of the Chair; and, at sixteen minutes past twelve o’clock noon, the Senate reassembled, Mr. Moore in the Chair.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (both 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:

Relative to obscene material (see Senate, No. 2111, amended); and

Relative to the issuance of certain bonds by the city of Quincy (see Senate, No. 2367).

On motion of Mr. Tarr, at seventeen minutes past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.