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 26, 2001

Met at twelve minutes before two o’clock P.M.

Reports of Committees.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on the recommitted petition (accompanied by bill, Senate, No. 321), an Order relative to authorizing and directing the joint committee on Education, Arts and Humanities to make an investigation and study of Senate document numbered 321, relative to students with diabetes (Senate, No. 2080); and

By Ms. Walsh, for the committee on Taxation, on Senate, Nos. 2021 and 2022, an Order relative to authorizing and directing the joint committee on Taxation to make and investigation and study of certain current Senate documents relative to income and property taxes (Senate, No. 2081) [Local approval received on Senate, No. 2022];

Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on the recommitted petition, a Bill regarding eye exams for children (Senate, No. 224);

By the same Senator, for the same committee, on Senate, Nos. 306 and 307, a Bill relative to the higher education incentive program (Senate, No. 307);

By the same Senator, for the same committee, on the recommitted petition (accompanied by bill, Senate, No. 293), a Bill to improve truancy enforcement and encourage school attendance (Senate, No. 2076) (Representative St. Fleur of Boston dissenting);

By the same Senator, for the same committee, on Senate, Nos. 301 and 302, a Bill establishing the Clara Barton Nursing Excellence Programs (Senate, No. 2077);

and By the same Senator, for the same committee, on the recommitted petition (accompanied by bill, Senate, No. 312), a Bill relative to school-based community service learning (Senate, No. 2078);

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

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on the recommitted petition (accompanied by bill, Senate, No. 233), a Bill relative to defining principal’s contracts (Senate, No. 2079);
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 town of Arlington to change the use of a certain parcel of land in the town adjacent to Summer Street from park to public way purposes (Senate, No. 2023) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Discharged.

Mr. Antonioni, for the committee on Education, Arts and Humanities, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 2001) of Stephen M. Brewer, Reed V. Hillman, James P. Jajuga, Stephen F. Lynch and other members of the General Court for legislation relative to criminal offender record information for substitute teachers,— and recommending that the same be referred to the committee on Criminal Justice.
Under Senate Rule 36, the report was considered forthwith and accepted. Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A Bill making appropriations for certain one-time investments, improvements and payments (House, No. 4393,— on House, No. 4283, in part),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills

Repealing certain antiquated laws pertaining to public health (Senate, No. 543);

Designating a walking path at Squantum Point Park as the Janet Niles Murphy Walkway (Senate, No. 627);

To regulate the speed of school buses on limited access highways (Senate, No. 1226);

Returning tax title properties to productive use (Senate, No. 1750);

Relative to stealing registration plates and the possession of stolen registration plates (Senate, No. 1836);

Relative to the transfer of land in the town of Littleton (House, No. 4189); and

Authorizing the town of Hingham to convey certain conservation land (House, No. 4201);
Were severally read a second time and ordered to a third reading.

The House Bill relative to a water supply easement held by the Massachusetts Water Resources Authority in the town of Southborough (House, No. 1503),— was read a third time and passed to be engrossed, in concurrence.

The Senate report of the committee on Federal Financial Assistance, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 365) of Michael R. Knapik, Brian P. Lees and Carol A. Donovan for legislation to permanently extend daylight savings time,— was considered; and it was accepted.

Bills

Relative to election officers in towns (Senate, No. 353); and

Relative to written warnings (House, No. 4242);
Were severally read a second time and, after remarks, were ordered to a third reading.

The Senate Bill relative to civil service preference for a police officer in the city of Medford (Senate, No. 1816),— was read a second time and ordered to a third reading.

The Senate Bill facilitating the use of land transfer of development rights (Senate, No. 1011),— 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 minutes past two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — 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.
Fargo, Susan C. O'Leary, Robert A.
Glodis, Guy W. Pacheco, Marc R.
Havern, Robert A. Panagiotakos, Steven C.
Hedlund, Robert L. Resor, Pamela
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E
Joyce, Brian A. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. Tisei, Richard R.
Lynch, Stephen F. Tolman, Steven A.
Magnani, David P. Walsh, Marian  --- 37.
Melconian, Linda J.

 

NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. Wilkerson, Dianne --- 2.

 

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

The Senate Bill maintaining the value of the minimum wage (Senate, No. 1812),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Lees moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:

“SECTION 1. Section 1 of chapter 151 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 5, the figure ‘$6.75’ and inserting in place thereof the following figure:— $7.00.

SECTION 2. This act shall take effect on January 1, 2002.”.

Mr. Lynch moved to amend the pending amendment (Lees) by substituting the following amendment:— inserting after the enacting clause the following section:—

“SECTION 1. Section 1 of chapter 151 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 5, the figure ‘$6.75’ and inserting in place thereof the following figure:— $7.00”; and by adding after Section 1 (as printed) the following two sections:—

“SECTION 3. Section 1 shall take effect on January 1, 2002.

SECTION 4. Section 2 shall take effect on January 1, 2003.” After remarks, the question on adoption of the further amendment (Lynch) was determined by a call of the yeas and nays, at twenty-five minutes before three o’clock P.M., on motion of Mr. Lynch, as follows, to wit (yeas 37 — 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 — 37.
Melconian, Linda J  


NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. Wilkerson, Dianne — 2.

 

The yeas and nays having been completed at twenty-one minutes before three o’clock P.M., the further amendment was adopted.
The pending amendment (Lees), as amended (Lynch), was then considered; and it was adopted.
After further remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at nine minutes before three o’clock P.M., on motion of Mr. Lynch, as follows, to wit (yeas 37 — 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 — 37.
Melconian, Linda J  


NAYS — 0.

ABSENT OR NOT VOTING.

Travaglini, Robert E. Wilkerson, Dianne — 2.


The yeas and nays having been completed at five minutes before three o’clock P.M., the bill (Senate, No. 2083, printed as amended) was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill clarifying that the minimum wage law applies to governmental employees (Senate, No. 2075) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill prohibiting certain unconsented visual recording and surveillance (Senate, No. 184, changed) (its title having been changed by the committee on Bills in the Third Reading),— 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 three o’clock P.M., on motion of Mr. Knapik, as follows, to wit (yeas 36 — 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.
Creedon, Robert S., Jr. Murray, Therese
Creem, Cynthia Stone Nuciforo, Andrea F., Jr.
Fargo, Susan C. O’Leary, Robert A.
Glodis, Guy W. Pacheco, Marc R.
Havern, Robert A. Panagiotakos, Steven C.
Hedlund, Robert L. Resor, Pamela
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. . Tisei, Richard R.
Lynch, Stephen F. Tolman, Steven A.
Magnani, David P. Tucker, Susan C.
Melconian, Linda J Walsh, Marian — 36.

 

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Wilkerson, Dianne --- 3
Travaglini, Robert E.  

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

PAPERS FROM THE HOUSE.
Engrossed Bill — State Loan.

An engrossed Bill relative to certain bonds issued by the Commonwealth (see House, No. 3907) (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 borrowing of money, in accordance with the provisions of Section 3 of Article LXII 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 six minutes past three o’clock P.M., as follows, to wit (yeas 36 — 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.
Creedon, Robert S., Jr. Murray, Therese
Creem, Cynthia Stone Nuciforo, Andrea F., Jr.
Fargo, Susan C. O’Leary, Robert A.
Glodis, Guy W. Pacheco, Marc R.
Havern, Robert A. Panagiotakos, Steven C.
Hedlund, Robert L. Resor, Pamela
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. . Tisei, Richard R.
Lynch, Stephen F. Tolman, Steven A.
Magnani, David P. Tucker, Susan C.
Melconian, Linda J Walsh, Marian — 36.

 

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Wilkerson, Dianne --- 3
Travaglini, Robert E.  

 

The yeas and nays having been completed at nine minutes past 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 (Ms. Melconian) and laid before the Acting Governor for her approbation.

Engrossed Bill — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the city of Lowell to convey a certain parcel of public water supply land (see House, No. 4054) (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 ten minutes past three o’clock P.M., as follows, to wit (yeas 36 — 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.
Creedon, Robert S., Jr. Murray, Therese
Creem, Cynthia Stone Nuciforo, Andrea F., Jr.
Fargo, Susan C. O’Leary, Robert A.
Glodis, Guy W. Pacheco, Marc R.
Havern, Robert A. Panagiotakos, Steven C.
Hedlund, Robert L. Resor, Pamela
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. . Tisei, Richard R.
Lynch, Stephen F. Tolman, Steven A.
Magnani, David P. Tucker, Susan C.
Melconian, Linda J Walsh, Marian — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Wilkerson, Dianne --- 3
Travaglini, Robert E.  

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 twelve minutes past 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.

Resolutions.

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

Resolutions (filed by Mr. Moore) “commending the joint commission on accreditation of healthcare organizations.”

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

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

Relative to the department of municipal finance for the town of Georgetown (see House, No. 2761); 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, No. 4402).

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 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),— was read a third time and passed to be engrossed, in 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 House Resolve extending the time within which the special commission to investigate and report on matters affecting the practice of nursing and the delivery of health care services by nurses (House, No. 4119, changed).
There being no objection, the rules were suspended, on motion of Mr. Creedon, and the resolve 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 validating the results of the 2001 annual town election held in the town of Dennis (printed in House, No. 4229,— being a message from the Lieutenant-Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 seventeen minutes past three o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.