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, July 12, 2001.

Met at a quarter past one o’clock P.M.

 

Reports of Committees.

By Mr. Pacheco, for the committee on Natural Resources and Agriculture, on petition (accompanied by bill, Senate, No. 1136), an Order relative to authorizing the joint committee on Natural Resources and Agriculture to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 1136, relative to low level radioactive waste (Senate, No. 1982);

By Mr. Jajuga, for the committee on Public Safety, on Senate, Nos. 1149, 1164, 1203, 1229, 1230, 1232, 1241, 1295, 1296 and 1890, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relative to distinctive license plates and other public safety matters (Senate, No. 1983);

By the same Senator, for the same committee, on Senate, Nos. 1186, 1187 and 1221, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relating to public safety matters (Senate, No. 1986);

By the same Senator, for the same committee, on Senate, Nos. 1171, 1264 and 1271, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relative to the Department of Public Safety, CPR certification and other public safety matters (Senate, No. 1987);

By the same Senator, for the same committee, on Senate, Nos. 1170, 1262 and 1287, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relative to the Department of Corrections and other public safety matters (Senate, No. 1988);

By the same Senator, for the same committee, on Senate, Nos. 1167, 1297 and 1300, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relative to fire safety and other public safety matters (Senate, No. 1989);

By the same Senator, for the same committee, on Senate, Nos. 1163 and 1175, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of Senate documents numbered 1163 and 1175 relative to handicapped parking and other public safety matters (Senate, No. 1990);

By the same Senator, for the same committee, on Senate, Nos. 1172, 1174, 1201, 1219, 1225 and 1288, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relative to police issues and other public safety matters (Senate, No. 1991); and

By the same Senator, for the same committee, on Senate, Nos. 1158, 1181, 1183, 1190, 1191, 1263, 1266, 1267, 1285, 1292, 1294 and 1298, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of several Senate documents relative to recreational safety, motorcycles, and other public safety matters (Senate, No. 1992); Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Panagiotakos, for the committee on Housing and Urban Development, on petition (accompanied by bill, Senate, No. 659), a Bill excluding payments for foster care in computing rent and determining eligibility for subsidized housing (Senate, No. 1995);

By Ms. Tucker, for the committee on Human Services and Elderly Affairs, on petition, a Bill relative to Emergency Aid to the Elderly, Disabled and Children (Senate, No. 668);

By the same Senator, for the same committee, on petition, a Bill providing for a study by the Department of Social Services relative to foster care compensation (Senate, No. 672);

By the same Senator, for the same committee, on petition, a Bill relative to patient funds at the Soldiers’ Home in Holyoke and Chelsea (Senate, No. 677, changed in Section 1 by striking out in line 4 the word:— “two” and inserting in place thereof the word:— “three”; and in Section 2 by striking out in line 2 the word:— “two” and inserting in place thereof the word:— “three”);

By the same Senator, for the same committee, on petition, a Bill to ensure non-discrimination in the purchase of certain human services (Senate, No. 700);

By the same Senator, for the same committee, on petition, a Bill relative to establishing a life-long supportive living program for survivors of brain injury (Senate, No. 718);

By the same Senator, for the same committee, on petition, a Bill to end child hunger in Massachusetts (Senate, No. 722);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 662), a Bill assisting cities and towns providing veterans’ benefits (Senate, No. 1993); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 724), a Bill establishing regional medical diagnostic centers for child sexual abuse (Senate, No. 1994);

By Ms. Murray, for the committee on Insurance, on petition, a Bill relative to mental health benefits for crime victims (Senate, No. 728);

By the same Senator, for the same committee, on petition, a Bill relative to anesthesia coverage for children hospitalized for dental treatment (Senate, No. 730);

By the same Senator, for the same committee, on Senate, No. 731 and House, No. 1602, a Bill to ensure health insurance coverage for certain equipment consistent with other forms of treatment (Senate, No. 731);

By the same Senator, for the same committee, on petition a Bill relative to physician services provided by registered physician assistants (Senate, No. 732);

By the same Senator, for the same committee, on petition, a Bill mandating coverage for ectodermal dysplasia (Senate, No. 734);

By the same Senator, for the same committee, on petition, a Bill providing coverage for hearing aids (Senate, No. 735, changed in Section 1, line 16; Section 2, line 26; Section 4, line 21; Section 5, line 21; and Section 6, line 15, by striking out, in each instance, the words:— “at least”; and in Section 1, line 18; Section 2, line 29; Section 4, line 24; Section 5, line 24, and Section 6, line 18, by adding at the end of subsection (b), in each instance, the following sentence:— “Hearing aid coverage pursuant to this section shall not exceed an amount of $2,000 for each three-year period.”);

By the same Senator, for the same committee, on petition, a Bill relative to Holocaust victims insurance relief (Senate, No. 741);

By the same Senator, for the same committee, on Senate, No. 742 and House, No. 2537, a Bill providing breast cancer patient protection (Senate, No. 742);

By the same Senator, for the same committee, on petition, a Bill relative to prenatal, childbirth and postpartum care benefits (Senate, No. 743);

By the same Senator, for the same committee, on petition, a Bill regarding the purchase of insurance policies (Senate, No. 756);

By the same Senator, for the same committee, on petition, a Bill to require reimbursement for the costs of providing competent interpreter services (Senate, No. 759);

By the same Senator, for the same committee, on petition, a Bill relative to insurance coverage for occupational therapy services (Senate, No. 769);

By the same Senator, for the same committee, on petition, a Bill providing for breast reconstruction after mastectomy (Senate, No. 788);

By the same Senator, for the same committee, on Senate, No. 791 and House, No. 3553, a Bill authorizing educational psychologists to receive certain insurance payments (Senate, No. 791);

By the same Senator, for the same committee, on Senate, No. 797 and House, No. 3355, a Bill improving the consumer complaint collection of the Division of Insurance (Senate, No. 797, changed in line 10 by inserting after the word “documents” the following words:— “pursuant to necessary regulations, standards or procedures established by the commissioner of insurance”); and

By the same Senator, for the same committee, on petition, a Bill relative to benefits for autism (Senate, No. 1433);

By Mr. Pacheco, for the committee on Natural Resources and Agriculture, on petition, a Bill relative to the maintenance of and access to certain records (Senate, No. 1050);

By the same Senator, for the same committee, on petition, a Bill establishing the Quaboag and Ware Rivers Valley Heritage District Commission (Senate, No. 1051); and

By the same Senator, for the same committee, on petition, a Bill relative to conservation district supervisors (Senate, No. 1057);

By Mr. Joyce, for the committee on Public Service, on petition, a Bill further regulating the retirement benefits of certain public safety employees (Senate, No. 1411); and

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill relative to the disposition of certain state-owned property in the town of New Salem (Senate, No. 1918);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Committees Discharged.

Ms. Menard, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration

Of the Senate Bill creating a special task force to make an investigation and study on issues related to the health care workforce (Senate, No. 564);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of a certain current Senate document numbered 486, relative to Marblehead (Senate, No. 1966);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of certain Senate and House documents relative to boards of health (Senate, No. 1967);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate and House documents relative to medical assistance (Senate, No. 1968);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of certain Senate documents relative to nursing and senior issues (Senate, No. 1969);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of certain current House documents relative to medical records (Senate, No. 1970);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate and House documents relative to Department of Public Health hearings (Senate, No. 1971);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of a certain current Senate document numbered 585, relative to psychotropic drugs (Senate, No. 1972);

Of the Senate Order relative to authorizing the joint committee on Health Care to sit during the recess of the General Court for the purpose of making an investigation and study of a certain current Senate document numbered 401, relative to speech pathology assistants (Senate, No. 1973);

Of the Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to judicial matters (Senate, No. 1974);

Of the Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to judicial and court management, court costs and other matters (Senate, No. 1975);

Of the Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of several Senate documents relative to privacy matters, abortion, abuse and protection orders and other matters (Senate, No. 1976);

Of the Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to judicial matters (Senate, No. 1977); and

Of the Senate order relative to authorizing the joint committee on Taxation to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to income and excise taxes and tax expenditures (Senate, No. 1945);

And recommending that the same severally be referred to the Senate committee on Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

 

PAPER FROM THE HOUSE.

A report of the committee on Taxation, ought NOT to pass, on so much of the recommendations of the Department of Revenue (House, No. 189) as relates to clarifying the confidentiality of tax returns (accompanied by bill, House, No. 191),— was referred, under Senate Rule 36, to the committee on Steering and Policy.

 

Orders of the Day.

The Orders of the Day were considered, as follows.

Bills

Providing for a statewide information and referral system utilizing an abbreviated dialing code (Senate, No. 400);

Relative to designating April 7th of every year as the Civilian Conservation Corps Day (Senate, No. 409);

Relative to the subdivision control law (Senate, No. 1012);

Providing for subdivision control by requiring certain notices (Senate, No. 1019);

Relative to the term of certain serial loans issued by cities, towns and districts (Senate, No. 1020);

Relative to cities and towns borrowing outside their debt limit (Senate, No. 1028);

Relative to distinctive initial plates (Senate, No. 1148);

Further regulating change of name or address notices to the Registry of Motor Vehicles (Senate, No. 1150);

Relative to the use of interior lights in motor vehicles (Senate, No. 1165);

Relative to the safety of operators of Massachusetts Bay Transportation Authority transit vehicles (Senate, No. 1215);

Relative to the use of headlights (Senate, No. 1216);

Relative to bullet-resistant vests (Senate, No. 1233, changed);

Relative to increasing the availability of protective gear for renters of recreational sports equipment (Senate, No. 1236);

Relative to motor vehicle violations (Senate, No. 1238);

Relative to leasing motor vehicles (Senate, No. 1240);

Relative to the regulation of motor vehicle livery services and the licensing of livery operators (Senate, No. 1275);

Declaring the month of May as motorcycle safety month (Senate, No. 1547);

Designating a plaque for Edward Cohen (Senate, No. 1564);

Relative to designating a certain square in the town of Webster the Elks memorial square (Senate, No. 1772);

Relative to the Amherst town government (Senate, No. 1855);

Relative to the declaration of non-cash dividends by trust companies (Senate, No. 1873);

Relative to limitations on total obligations of one borrower to a stock corporation or thrift institution (Senate, No. 1874);

Authorizing the city of Marlborough to convey a certain parcel of recreation land to Louis Seymour (Senate, No. 1876);

Authorizing the city of Medford to grant certain licenses (Senate, No. 1898);

Relative to certain subdivisions of land in the city of Gloucester (House, No. 490);

Establishing the office of treasurer-collector in the town of Carlisle (House, No. 645);

Authorizing the park commissioners of the town of Rochester to change the use of a certain parcel of municipal land (House, No. 855);

Relative to town meetings in the town of Burlington (House, No. 1446);

Relative to the regulation of hours of operation for common victualler licenses (House, No. 1754);

Relative to a boundary change between the towns of Georgetown and Boxford (House, No. 2760);

Relative to the department of municipal finance for the town of Georgetown (House, No. 2761);

Establishing a police technology fund in the town of Hull (House, No. 3763);

Authorizing the town of Groveland to establish an administering authority (House, No. 3962);

Relative to certain borrowing by the town of Cohasset (House, No. 4013);

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); and

Authorizing the town of Walpole to use certain forest land for school purposes (House, No. 4055);
Were severally read a second time and ordered to a third reading.  

The Senate bills

Relative to municipal light plant contracts (Senate, No. 421);

Relative to health care coverage (Senate, No. 760); and

Authorizing the Department of Environmental Management to acquire conservation restrictions in lands of the town of Hatfield and the Hatfield Water Commission (Senate, No. 1985) (its title having been changed by the committee on Bills in the Third Reading);
Were severally read a third time and passed to be engrossed.

Severally sent to the House for concurrence.

The House Bill relative to certain bonds issued by the Commonwealth (House, No. 3907),— was read a third time and passed to be engrossed, in concurrence.

 

The Senate reports

Of 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;

Of the committee on Federal Financial Assistance, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 364) of Robert S. Creedon, Jr. for legislation to exempt law enforcement agencies from indirect costs charged in federal grant monies;

Of 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;

Of the same committee, ought NOT to pass, 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;

Of the same committee, ought NOT to pass, 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;

Of the same committee, ought NOT to pass, 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;

Of 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;

Of the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1161) of Stephen M. Brewer, Reed V. Hillman, Emile J. Goguen and Elizabeth A. Poirier for legislation to provide distinctive registration plates for certain veterans who participated in the testing of atomic weapons;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1168) of Chris Williams for legislation to authorize and direct the Department of Public Safety to conduct a study relative to the safety of youth and school athletic programs;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1177) of Guy W. Glodis, John P. Fresolo, Stephen M. Brewer and other members of the General Court for legislation to authorize the State Police to use a certain percentage of the proceeds from civil motor vehicle citations for annual replacement of State Police cruisers;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1210) of James N. Thivierol and James P. Jajuga for legislation to prohibit the use of mobile telephones while operating a school bus;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1239) of Rosaire J. Rajotte (by vote of the town of Northbridge) for legislation relative to seat belt fines;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1242) of Richard T. Moore, Bruce E. Tarr, David C. Bunker, Jr., other members of the General Court and others for legislation to authorize donations to prevent blindness when renewing a motor vehicle registration;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1248) of Richard T. Moore, Carol A. Donovan, Bruce E. Tarr, other members of the General Court and others for legislation to further regulate the penalties for operating a motor vehicle under the influence;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1249) of Richard T. Moore, Bruce E. Tarr, Susan W. Pope, other members of the General Court and another for legislation to further regulate the issuance of junior operators licenses;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1269) of Andrea F. Nuciforo, Jr. for legislation to authorize the Registrar of Motor Vehicles to increase the numbers and letters on distinctive initial registration plates from six to eight;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1286) of Bruce E. Tarr for legislation to impose penalties involving the suspension of a motor vehicle operator’s license for inflicting serious bodily injury;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1289) of Bruce E. Tarr, Scott P. Brown, Susan W. Pope and Brian M. Cresta for legislation to allow for contracting with private entities for the labor of prisoners; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1293) of Richard R. Tisei and Brian M. Cresta for legislation relative to the suspension of the license or permit to operate a motor vehicle for violations of certain criminal offenses;
Were severally considered; and they were accepted.  

 

The House reports

Of the committee on Public Safety, ought NOT to pass, on so much of the recommendations of the Executive Office of Public Safety (House, No. 136) as relates to National Guard registration plates (accompanied by bill, House, No. 162);

Of the same committee, ought NOT to pass, on so much of the recommendations of the Registry of Motor Vehicles (House, No. 173) as relates to clarifying the limits of CORI protection in connection with accident records (accompanied by bill, House, No. 176);

Of the same committee, ought NOT to pass, on so much of the recommendations of the Registry of Motor Vehicles (House, No. 173) as relates to allowing the electronic transmission of accident records (accompanied by bill, House, No. 178);

Of the same committee, ought NOT to pass, on so much of the recommendations of the Registry of Motor Vehicles (House, No. 173) as relates to the procedures for junking motor vehicles (accompanied by bill, House, No. 182);

Of the same committee, ought NOT to pass, on so much of the recommendations of the Registry of Motor Vehicles (House, No. 173) as relates to motor vehicle violations by a minor (accompanied by bill, House, No. 183); and

Of the same committee, ought NOT to pass, on so much of the recommendations of the Registry of Motor Vehicles (House, No. 173) as relates to amending the motor vehicle law relative to the issuance of registration plates (accompanied by bill, House, No. 186);
Were severally considered; and they were accepted, in concurrence.  

 

The Senate bills

Relative to credit union real estate loans (Senate, No. 6); and

Further clarifying the zoning act (Senate, No. 1010);
Were severally read a second time and, after remarks, in each instance, were severally ordered to a third reading.

 

The Senate Bill facilitating the use of land transfer of development rights (Senate, No. 1011),— was read a second time.

After remarks, the question on ordering it to a third reading was determined by a call of the yeas and nays, at nineteen minutes before two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 38 — nays 0):

YEAS.


Antonioni, Robert A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone O’Leary, Robert A.
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. — 1.

The yeas and nays having been completed at fourteen minutes before two o’clock P.M., the bill was ordered to a third reading.

 

The Senate bills

Relative to municipal bonding for underground utilities (Senate, No. 1029, changed); and

To further regulate the use of interlocal agreements (Senate, No. 1036, changed);
Were severally read a second time and ordered to a third reading.  

The Senate bills

Relative to the zoning of adult entertainment (Senate, No. 1044); and

Prohibiting the use of paint ball guns (Senate, No. 1261);
Were severally read a second time and, after remarks, in each instance, were severally ordered to a third reading.

 

The Senate Bill to allow Cohasset water commissioners to serve in other town offices (Senate, No. 1872),— was read a second time.
Pending the main question on ordering the bill to a third reading, on motion of Mr. Tisei, the further consideration thereof was postponed until Thursday, November 15, 2001.  

The House Bill relative to elderly abuse (House, No. 2533, changed),— was read a second time.
Pending the main question on ordering the bill to a third reading, on motion of Mr. Montigny, the bill was referred to the Senate committee on Ways and Means.

The House Bill relative to home inspectors (House, No. 4135),— was read a second time and ordered to a third reading.

The Senate Bill relative to electronic communication with shareholders (Senate, No. 1792, changed), — was read a third time. After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at two o’clock P.M., on motion of Mr. Magnani, as follows, to wit (yeas 38 — nays 0):

YEAS.


Antonioni, Robert A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone O’Leary, Robert A.
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. — 1.

The yeas and nays having been completed at four minutes past two o’clock P.M., the bill was passed to be engrossed.

Sent to the House for concurrence.

 

The Senate Bill to ensure eligibility for unemployment insurance for victims of domestic violence (Senate, No. 1984),— was read a third time.
After remarks, the question on passing it to be engrossed, was determined by a call of the yeas and nays, at twelve minutes past two o’clock P.M., on motion of Ms. Melconian, as follows, to wit (yeas 38 — nays 0):

YEAS.


Antonioni, Robert A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone O’Leary, Robert A.
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. — 1.

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), the yeas and nays having been completed at seventeen minutes past two o’clock P.M., the bill was passed to be engrossed.

Sent to the House for concurrence.

 

The Senate report of the committee on Election Laws, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 354) of Michael W. Morrissey, Ronald Mariano, Anthony J. Verga, other members of the General Court and others for legislation relative to the compilation and distribution of street lists,— was considered; the question being on accepting the adverse report.
On motion of Mr. Morrissey, the petition was recommitted to the committee on Election Laws.  

The Senate reports

Of the committee on Public Safety, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1228) of Brian P. Lees and Jo Ann Sprague for legislation to prohibit the use of tobacco by inmates of correctional facilities;

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1234) of David P. Magnani, Mary Jane Simmons and Edward G. Connolly for legislation relative to the supervision of individuals on parole from a correctional facility; and

Of the same committee, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1290) of Bruce E. Tarr, Anthony J. Verga and Jo Ann Sprague for legislation to require the display of a placard or sticker on the motor vehicle of an operator who has twice been convicted of operating under the influence;
Were severally considered; and they were accepted.  

The House Bill relative to telecommunications lines (House, No. 1753),— was considered; the main question being on passing it to be engrossed, in concurrence.
The pending motion, previously moved by Mr. Lees, to lay the bill on the table was considered; and it was negatived.
After debate, on motion of Mr. Lees, the further consideration of the bill was postponed until the next session.  

The Senate Bill further regulating the siting of asphalt batching facilities (Senate, No. 1021),— was read a second time and, after remarks, was ordered to a third reading.

 

Report of a Committee.

Under the provisions of Joint Rule 10, the following matter was considered, the time which the said committee was required to report having expired:

Of the committee on Health Care, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 1813) of Mark C. Montigny, Thomas F. Birmingham, Richard T. Moore, Cynthia S. Creem and other members of the General Court for legislation to require accountability of health maintenance organizations.

There being no objection, the rules were suspended, on motion of Mr. Montigny, and the matter was considered forthwith.

Mr. Montigny moved that the report be amended by substitution of a “Bill protecting patients and requiring accountability of health maintenance organizations” (Senate, No. 1813), and this motion prevailed.
The bill was read, and under Senate Rule 27, referred to the committee on Ways and Means.

 

PAPERS FROM THE HOUSE.

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the Division of Fisheries and Wildlife to acquire conservation restrictions to lands of the Dalton Fire District (see Senate, No. 1884) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-nine minutes past two o’clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.


Antonioni, Robert A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone O’Leary, Robert A.
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. — 1.

The yeas and nays having been completed at twenty-seven minutes before three o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Acting Governor for her approbation.

 

An engrossed Bill authorizing the commissioner of capital asset management and maintenance to acquire conservation restrictions to lands of the Springfield Water and Sewer Commission (see House, No. 4276) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-six minutes before three o’clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.


Antonioni, Robert A. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Clancy, Edward J., Jr. Murray, Therese
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone O’Leary, Robert A.
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 38.

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. — 1.

The yeas and nays having been completed at twenty-four minutes before three o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Acting Governor for her approbation.

 

Bill Returned by Acting Governor With Her Objections Thereto.

The engrossed Bill relative to the Springfield Civic and Convention Center (see House, No. 4124) which, on Thursday, June 28, 2001, had been laid before the Acting Governor, for her approbation, and which, at a twenty-five minutes past nine o’clock A.M., on Monday, July 2, 2001, had been returned by Her Honor the Lieutenant-Governor, Acting Governor, under Article II of Section I of Chapter I of Part the Second of the Constitution, to the House Clerk, together with her objections thereto in writing,— was laid before the Senate.
The message (House, No. 4281) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of the Constitution.
The question on passing the bill, the objections of Her Honor the Lieutenant-Governor, Acting Governor, to the contrary notwithstanding, was then determined by a call of the yeas and nays, at twenty minutes before three o’clock P.M., as follows, to wit (yeas 37 — nays 1):

YEAS.

Antonioni, Robert A. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Chandler, Harriette L. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. O’Leary, Robert A.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Menard, Joan M.

NAYS.

Hedlund, Robert L. — 1.

ABSENT OR NOT VOTING.

Travaglini, Robert E. — 1.

The yeas and nays having been completed at sixteen minutes before three o’clock P.M., the bill was passed by the Senate notwithstanding the objections of Her Honor the Lieutenant-Governor, Acting Governor, two-thirds of the Senate having agreed to pass the same.

 

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 relative to the Dracut Water Supply District (House, No. 428).
There being no objection, the rules were suspended, on motion of Mr. Jajuga, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

 

PAPER FROM THE HOUSE.

A Bill exempting Dennis J. Mahoney from maximum age requirements for applying for civil service appointment as a police officer in the town of Arlington (printed as Senate, No. 1911,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Havern, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

 

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered, as follows:

The House Bill relative to the town of Nantucket (House, No. 3525),— 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.
Engrossed Bills.

The following engrossed bills (the first 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 gas or electric companies declaring stock or scrip dividend (see Senate, No. 416);

Further extending the time for which certain land in Norfolk County may be used as a temporary minimum security alternative correction center (see House, No. 4251, amended); 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. 4314).

 

Emergency Preamble Adopted.

An engrossed 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 (see House, No. 1125, 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 12 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

 

Order Adopted.

On motion of Ms. Menard,—

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.

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