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 24, 2002.

Met at four minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Petitions.

Petitions were presented and referred, as follows:

By Ms. Chandler, a petition (subject to Joint Rule 12) of Harriette L. Chandler, John J. Binienda, Stephen M. Brewer, Robert Spellane and other members of the General Court for legislation relative to the Land Court department of the Trial Court; and

By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis for legislation relative to the administration of an inmate user fee;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill establishing community reinvestment obligations for certain mortgage lenders (Senate, No. 2405),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2430).

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. Tolman, for the committee on Local Affairs, on petition, a Bill relative to homeowners’ associations (Senate, No. 2390);
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 establishing a senior citizen discount for solid waste removal in the town of Bellingham (Senate, No. 2366) [Local approval received];

By the same Senator, for the same committee, on petition, a Bill authorizing the town of Southwick to supply water to certain property located in the city of Westfield (Senate, No. 2370) [Local approval received];

By the same Senator, for the same committee, on petition a Bill authorizing the town of Arlington to enact a by-law to protect places of special cultural, architectural and historical significance (Senate, No. 2379) [Local approval received];

By the same Senator, for the same committee, on petition, a Bill authorizing the town of Southwick to grant an easement to Carol K. Collins (Senate, No. 2389); and

By the same Senator, for the same committee, on petition, a Bill authorizing the town of Saugus to convey certain parcels of land (Senate, No. 2411) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

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 providing for disclosure of certain information relating to tobacco products sold in the Commonwealth (Senate, No. 518); and

The House Bill relative to speed limit violations in marked construction zones (House, No. 867).

PAPERS 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 providing for the office of town clerk-collector-treasurer in the town of Deerfield to be an appointed office (House, No. 5260),— was referred, in concurrence, to the committee on Local Affairs.  

A petition (accompanied by bill, House, No. 5273) of Walter F. Timilty, Joseph C. Sullivan, Bruce J. Ayers and Brian A. Joyce (by vote of the town) for legislation to exempt the position of chief of police in the town of Randolph from the provisions of civil service law,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Bills

Relative to day care providers notifying their local fire department (House, No. 662,— on petition); and

Relative to regional retirement systems (House, No. 4438,— on House, No. 2040);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

Bills

Authorizing the city of Lowell to place municipal charge liens on certain properties in the city of Lowell for nonpayment of any local charges, fee or fine (House, No. 4022,— on House, No. 4520, in part) [Local approval received on House, No. 4022];

Relative to betterment assessments in the town of Provincetown (House, No. 4147,— on petition) [Local approval received];

Authorizing the town of Brewster to establish a capital investment fund (House, No. 4828,— on Senate, No. 2205 and House, No. 4828) [Local approval received on Senate, No. 2205 and House, No. 4828];

Relative to the withdrawal of candidates nominated for elective office in the city of Malden (House, No. 4879,— on petition) [Local approval received];

Authorizing the city of Lowell to pay a certain unpaid bill (House, No. 5112,— on petition) [Local approval received]; and

Relative to voting precincts for the city of Chicopee (House, No. 5178,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5274) of Michael E. Festa, Richard R. Tisei and Paul C. Casey relative to the payment of certain funds through the Metropolitan District Commission for land in the town of Stoneham;
Under suspension of Joint Rule 12, to the committee on Housing and Urban Development.

Petition (accompanied by bill, House, No. 5275) of Philip Travis and Jo Ann Sprague relative to authorizing the Rehoboth Water District to hold its annual district meetings at the Dighton-Rehoboth Regional High School building;
Under suspension of Joint Rule 12, to the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5276) of Thomas J. O’Brien, Viriato Manuel deMacedo and Therese Murray (by vote of the town) relative to authorizing the Division of Fisheries and Wildlife and the Department of Environmental Management to take or acquire conservation restrictions in and to land of the town of Plymouth;
Under suspension of Joint Rule 12, to the committee on Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 5277) of Martin J. Walsh relative to including John Comerford in the early retirement incentive program for employees of the Commonwealth;
Under suspension of Joint Rule 12, to the committee on Public Service.

Petition (accompanied by bill, House, No. 5278) of Robert Correia, Michael J. Rodrigues, Joan M. Menard and David B. Sullivan that the Division of Capital Asset Management and Maintenance be authorized to convey certain property to the Southeastern Massachusetts Bioreserve;
Under suspension of Joint Rule 12, to the committee on State Administration.  

Emergency Preambles Adopted.

An engrossed Bill providing for the payment of certain retirement benefits (see House, No. 5072, changed), 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.  

An engrossed Bill authorizing the Commonwealth to convey certain land in the city of Boston (see House, No. 5083), 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.
 

Engrossed Bills.

The following engrossed bills (the first two 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 farmer-distillery licenses (see Senate, No. 2328, amended);

Relative to emergency telecommunications (see Senate, No. 2349, printed as amended, amended);

Establishing the city of Medford stadium and athletic commission (see House, No. 4878, changed);

Relative to safety of school sponsored travel (see House, No. 4937); and

Providing for the repair of a certain road in the city of Leominster.

Bill Recalled from the Acting Governor

Laid Before the Senate.

On motion of Ms. Wilkerson, 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 authorizing the Attorney General to suspend certain labor laws in an emergency (see House, No. 5189).

Ms. Wilkerson was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.

There being no objection, on motion of Ms. Wilkerson, 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.

Ms. Melconian presented an amendment, in clause (a) of the first sentence, by striking out the words “June 26, 2002 to June 21, 2003” and inserting in place thereof the following words:— “May 26, 2002 to June 21, 2002”.
This amendment was adopted.
Sent to the House for concurrence in the amendment.  

Report of a Committee.

Ms. Resor, 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 to further protect children (Senate, No. 2420).
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.
Sent to the House for concurrence.  

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 Senate Bill relative to unauthorized access to computers and penalties (Senate, No. 173),— was read a second time and ordered to a third reading.

 

The Senate Bill authorizing the town of Holden to lease a certain school building for 99 years (Senate, No. 2298),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.  

The House bills

Relative to the charter of the city of Chelsea (House, No. 4820); and

Authorizing the town of Wayland to convey certain park land (House, No. 5059);
Were severally read a third time and passed to be engrossed, in concurrence.

 Order Adopted.

Ms. Wilkerson presented the following order, to wit:—

Ordered, That full consideration shall be allowed by the Senate on Thursday, July 25, 2002 on the question of concurring with the House amendment with a further Senate amendment (Senate, No. 2434), to the Senate Bill providing for certain transportation improvements (see Senate, No. 2245); and provided that all further amendments to said matter shall be filed with the Clerk of the Senate no later than eleven thirty A.M., on Thursday, July 25.
There being no objection, the order was considered forthwith and adopted.  

Recess.

There being no objection, at fourteen minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at seven minutes past twelve o’clock noon, the Senate reassembled, Ms. Fargo in the Chair.

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill making technical amendments to Chapter 1760 of the General Laws (Senate, No. 739),— ought to pass, with an amendment, substituting a new draft entitled “An Act clarifying various insurance laws” (Senate, No. 2428).
The rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill (Senate, No. 2428) was then ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, on petition (accompanied by bill, Senate, No. 1350), a Bill relative to certain benefits for the surviving spouses of certain state police officers (Senate, No. 2429).
The bill was read.
There being no objection, the rules were suspended, on motion of Mr. Lees, 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 relative to banks and banking (Senate, No. 2156),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2433).
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. 2433) was then ordered to a third reading.  

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain property to the Division of Law Enforcement of the Department of Enforcement of the Department of Fisheries, Wildlife and Environmental Law Enforcement (Senate, No. 2401),— ought to pass, with an amendment in section 1, by striking out, in lines 2 and 3, the words “notwithstanding the provisions of sections 40E-40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary,” and inserting in place thereof the following:— “notwithstanding any general or special law to the contrary but subject to chapter 7 of the General Laws”.
The rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2401, 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 testing by homeowners for urea formaldehyde foam insulation (House, No. 3307),— 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 licensing of sign installers (House, No. 4067, amended) — ought to pass, with an amendment in section 1, by inserting after the word “signs”, in line 20, the following words:— “, excluding signs otherwise regulated under sections 29 to 33, inclusive, of chapter 93 of the General Laws”; in section 2, by striking out the date “June 1, 2002”, in line 64, and inserting in place thereof the following date “February 1, 2003”; and in section 3, by inserting after the third sentence of the fifth paragraph the following sentence:— “The operating and administrative costs of the board in implementing this chapter shall not exceed the revenue generated by the licensing and renewal fees assessed upon sign installers under this chapter.”.
The rules were suspended, on motion of Ms. Wilkerson, 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 establishing standards for stage II vapor recovery systems (House, No. 4379, 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 2431.
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, as amended, was then 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 a certain employee of the Department of Social Services (House, No. 5073),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2432; and by striking out the title and inserting the following title: “An Act establishing a paid leave bank for a certain employee of the department of social services.”.
The rules were suspended, on motion of Mr. Tarr, 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 terms of certain bonds issued by the Commonwealth (House, No. 5198),— 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, to whom was referred the Senate Bill providing for certain transportation improvements (Senate, No. 2245, amended) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5243; and by inserting before the enacting clause the following emergency preamble:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide a program for capital transportation development and improvements in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”) reported, recommending that the Senate concur with the House amendment, with a further amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2434.
Pending the question on concurring in the House amendment with a further amendment, on motion of Ms. Chandler, the matter was placed in the Orders of the Day for the next session.  

Order Adopted.

On motion of Ms. Wilkerson,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.

On motion of Ms. Wilkerson, at nineteen minutes past twelve o’clock noon, the Senate adjourned to meet on the following day at one o’clock P.M.