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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Tuesday, July 16, 2002.

Met at seven 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).

Petitions.

Mr. McGee presented a petition (accompanied by bill, Senate, No. 2411) of Thomas M. McGee, Jr., Kathi-Ann Reinstein, and Mark V. Falzone (by vote of the town) for legislation relative to the conveyance of certain parcels of land for conservation purposes in Saugus [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs.
Sent to the House for concurrence.  

Mr. Lees (by request) presented a petition (subject to Joint Rule 12) of Ralph Taeger and Diana Taeger for legislation to establish a designated driver program for members of the National Guard,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that the Senate bills

Establishing community reinvestment obligations for certain mortgage lenders (Senate, No. 2405); and

Relative to toxic mold (Senate, No. 2406);
Severally ought to pass.
Severally referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill providing for disclosure of certain information relating to tobacco products sold in the Commonwealth (Senate, No. 518),— ought to pass, with an amendment, striking out, in line 27 (as printed), the words “(b) and (c)” and inserting in place thereof the following words:— “b), (c) and (d)”; and

The House bill relative to the public distribution of free smoking or tobacco products (House, No. 235),— ought to pass, with amendments, in subsection (a) (as printed), by inserting after the first sentence the following sentence:— “This section shall not apply to any distribution in facilities licensed under section 12 of chapter 138 to serve alcoholic beverages for consumption on the premises.”; and in subsection (d) (as amended by the House), by adding the following sentence:— “This section shall not apply to any distribution in facilities under section 12 of chapter 138 to serve alcoholic beverages for consumption on the premises.”;
Severally referred, under Senate Rule 26, to the committee on Steering and Policy.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to enhancing English opportunities for all students in the Commonwealth (House, No. 5010, amended),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2409.
Referred, under Senate Rule 26, to the committee on Steering and Policy.
Subsequently, Ms. Resor, for the said committee on Steering and Policy, reported that the matter be placed in the Orders of the Day for the next session.  

By Mr. Magnani, for the Senate committee on Science and Technology, on petition, a Bill relative to technology costs associated with doing business with the Commonwealth for human services providers (Senate, No. 1791);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.  

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 House bills

Relative to school committee members (House, No. 783, changed and amended); and

Relative to the use of asthma inhalers by students in public schools (House, No. 4411).

PAPER FROM THE HOUSE.

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 establishing the Massachusetts Millennium Greenway Trust (House, No. 5242),— was referred, in concurrence, to the committee on Transportation.  

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 Bruce E. Tarr and Bradford Hill (by vote of the town) for legislation relative to the appointment of special police officers at the Crane Reservation in the town of Ipswich [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.  

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 Michael W. Morrissey for legislation to expand the eligibility for creditable buyback for certain members of the National Association of Government Employees.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.  

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 Michael W. Morrissey for legislation relative to decreasing the years of service required for municipal employees to receive a superannuation benefit.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.  

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 Michael W. Morrissey for legislation relative to the years of service required for a retired disabled firefighter or police officer to receive fifty percent of grade.
Senate Rule 36 was suspended, on motion of Mr. Rosenberg, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5241) of Nancy Flavin and Stanley C. Rosenberg (by vote of the town) that the housing authority of the town of South Hadley be authorized to retain the balance of money from the sale of certain property in said town,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Housing and Urban Development.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Holly Andersen, an employee of the trial court of the commonwealth (see House, No. 5047), 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.  

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to credit unions (Senate, No. 5),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing educational psychologists to receive certain insurance payments (Senate, No. 791),— ought to pass, with an amendment adding the following section:—

“SECTION 6. This act shall apply to all policies, contracts, agreements, plans and certificates of insurance issued or delivered within or without the commonwealth on or after March 1, 2003, and to all policies, contracts, agreements, plans and certificates of insurance in effect before that date upon renewal or after March 1, 2003.”.
The rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 791, amended) was then ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to certain veterans’ registration plates (Senate, No. 1284),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2408).
The rules were suspended, on motion of Ms. Chandler, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2408) was then ordered to a third reading. 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill directing the state board of retirement to pay a certain retirement benefit to the surviving spouse of State Trooper Michael Brugman (Senate, No. 1374, changed),— ought to pass, with an amendment, striking out sections 2 and 3 and inserting in place thereof the following section:—

“SECTION 2. This act shall take effect upon its passage.”.
The rules were suspended, on motion of Mr. Pacheco, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 1374, changed and amended) was then ordered to a third reading. 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to the taxation of cable television facilities (Senate, No. 1694),— ought to pass, with an amendment, adding the following 2 sections:—

“SECTION 3. The commissioner of the department of revenue may promulgate rules and regulations necessary to implement this act.

SECTION 4. Sections 1 and 2 shall become effective on the first day of the calendar month following 150 days after the passage of this act.”.
The rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 1694, amended) was then ordered to a third reading. 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to certificates of birth resulting in stillborn birth (Senate, No. 2160),— ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill releasing certain land in Hatfield from the operation of an agricultural preservation restriction (Senate, No. 2368),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill releasing certain land in Hadley from the operation of an agricultural preservation restriction (Senate, No. 2386),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill releasing certain land in Hadley from the operation of an agricultural preservation restriction (Senate, No. 2387),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to licensing hospice programs (House, No. 1756, changed),— ought to pass, with an amendment, striking out in line 22 (as printed), the word “Said”, the second time it appears, and inserting in place thereof the following words:— “The department shall issue not more than 6 licenses to maintain an inpatient hospice program and shall promulgate regulations to govern the issuance of licenses to such programs. Hospice program”.
The rules were suspended, on motion of Mr. Chandler, 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. 

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to the taxation of certain personal property (House, No. 4442),— ought to pass.There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to the unemployment insurance system (House, No. 4452),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Rachel A. Joyce, an employee of the trial court of the commonwealth (House, No. 4553),— ought to pass, with an amendment, adding the following sentence:— “Whenever Rachel A. Joyce terminates employment with the trial court or requests to dissolve the sick leave bank, the balance of the sick leave bank shall be transferred to the trial court paid leave bank.”.
The rules were suspended, on motion of Mr. Tolman, 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.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill providing for the payment of certain retirement benefits (House, No. 5072, changed),— ought to pass.There being no objection, the rules were suspended, on motion of Ms. Chandler, and the bill was read a second time and ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the Commonwealth to convey certain land in the city of Boston (House, No. 5083),— ought to pass.There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time and ordered to a third reading.  

Order Adopted.

On motion of Mr. Rosenberg,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at twelve o’clock noon, in full formal session.

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