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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the
Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, August 8, 2002.

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

Petitions.

Ms. Fargo presented a petition (accompanied by bill, Senate, No. 2462) of Susan C. Fargo (by vote of the town) for legislation to authorize the town of Carlisle to grant conservation restrictions for town owned conservation land [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs.
Sent to the House for concurrence.  

Petitions were presented and referred, as follows:

By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis for legislation relative to prepaid legal services; and

By Mr. O’Leary, a petition (subject to Joint Rule 12) of Robert A. O’Leary that provision be made for an investigation and study by a special commission (including members of the General Court) relative to a conference center and civic stadium in the town of Barnstable;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. McGee, for the committee on Election Laws, on petition (accompanied by bill, Senate, No. 2380), an Order authorizing the joint committee on Election Laws to make an investigation and study of Senate document numbered 2380, relative to election laws (Senate, No. 2461) [Local approval received on Senate, No. 2380];
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.  

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill establishing a sick leave bank for Marian J. Palumbo, an employee of the Trial Court of the Commonwealth (Senate, No. 2395);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Ms. Walsh, for the committee on Taxation, on petition, a Bill relative to property tax exemptions for rental properties in the town of Provincetown used as affordable housing (Senate, No. 2325) [Local approval received];
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 relative to homeowners’ associations (Senate, No. 2390); and

The House bills

Relative to the licensing of pipefitters (House, No. 142);

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

Relative to CPR certification for teachers and coaches (House, No. 4415, amended).

PAPERS FROM THE HOUSE.

Bills

Relative to agricultural land at the University of Massachusetts (House, No. 4219,— on House, No. 790);

Relative to granting of an easement by the city of Newton to the Metropolitan Water Resources Authority (House, No. 4965,— on House, No. 4864); and

Relative to the taxation of certain corporations (House, No. 5268,— on House, No. 5117);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.  

Bills

Relative to the penalties for distribution of a certain drug (House, No. 1762,— on petition); and

Relative to police mutual aid agreements (House, No. 4768,— on House, No. 1269);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

Bills

Providing for the recall of elected officials in the city of Salem (House, No. 4880, changed and amended,— on petition) [Local approval received];

Relative to the charter of the city of Attleboro (House, No. 5204, changed,— on petition) [Local approval received]; and

Authorizing the town of North Andover to grant open space restrictions (House, No. 5286,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

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 establishing a sick leave bank for Joseph McMann, an employee of the Trial Court (Senate, No. 922) (the committee on Ways and Means having recommended that the bill be amended by substituting a new draft entitled “An Act allowing Joseph McMann, a former employee of the trial court, an ordinary disability retirement option”, Senate, No. 2459).
The rule were suspended, on motion of Ms. Fargo, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2459) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.
 

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 Robert S. Creedon, Jr., Timothy J. Cruz, Plymouth County District Attorney, Marc R. Pacheco and David L. Flynn for legislation relative to the commitment of sexually dangerous persons.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.  

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 Guy W. Glodis, Stephen M. Brewer, Shirley Gomes and other members of the General Court for legislation relative to costs incurred by municipalities due to proposals by the Department of Environmental Protection.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Natural Resources and Agriculture.  

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 Robert S. Creedon, Jr. for legislation relative to exemptions for signs and other structures projecting into or over ways.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.  

PAPERS FROM THE HOUSE.

A Bill establishing a 4 year term for the office of mayor in the city of Everett (House, No. 5176, changed,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.  

The House Bill authorizing the Attorney General to suspend certain labor laws in an emergency (House, No. 5189, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out the words “June 26, 2002 to June 21, 2003” and inserting in place thereof the following: “May 26, 2002 to June 21, 2002”, with a further amendment, in lines 1 to 13, inclusive (as printed), by striking out the sentence contained therein and inserting in place thereof the following sentence: “The attorney general may, pursuant to Article XX of Part the First of the Constitution, suspend the application or operation of chapter 149 of the General Laws or any rule or regulation made thereunder which regulates, limits or prohibits the employment of minors over the age of 16, during the following periods: (a) May 25, 2003 to June 21, 2003, inclusive, on Friday and Saturday evenings only; (b) August 1, 2002 to September 4, 2002, inclusive; (c) June 21, 2003 to September 3, 2003, inclusive; (d) September 5, 2002 to October 31, 2002, inclusive, on Friday and Saturday evenings only; and (e) September 4, 2003 to October 31, 2003, inclusive, on Friday and Saturday evenings only.”.
The rules were suspended, on motion of Ms. Fargo, and the House amendment was considered forthwith and adopted, in concurrence.  

Emergency Preamble Adopted.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey an easement to the town of Milford (see House, No. 4754, 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.  

A petition (accompanied by bill, House, No 5304) of Eugene L. O’Flaherty relative to designating a certain section of the Soldiers’ Home in the city of Chelsea to the memory of Vincent F. Sullivan,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Human Services and Elderly Affairs.  

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:

Reducing medication waste in certain licensed facilities (see Senate, No. 2186, amended);

Relative to licensing hospice programs (see House, No. 1756, changed and amended);

Relative to payment of certain medical expenses of Boston firefighters Joseph Cady and Alonzo P. Brooks (see House, No. 4056);

Relative to the retirement benefits of certain public employees (see House, No. 4456);

Relative to commercial area revitalization districts (see House, No. 4637, amended);

Authorizing the repaying of certain sewer fees paid in error by the town of Dedham (see House, No. 4694);

Exempting the position of deputy chief of police in the town of Webster from the civil service law (see House, No. 4758, amended);

Authorizing the town of Dedham to reimburse certain real estate taxes (see House, No. 5062);

Authorizing the town of Sudbury to establish a special fund for deposit of certain funds to be used for affordable housing (see House, No. 5093);

Relative to the sale of certain land by the city of Chicopee (see House, No. 5182); and

Relative to insurance assessments (see House, No. 5215).

Resolutions.

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

Resolutions (filed by Mr. Baddour) “congratulating Andrew D. LaRochelle”;

Resolutions (filed by Mr. Baddour) “honoring former City Council President William C. Pike”;

Resolutions (filed by Mr. Hedlund) “recognizing Klaus Meine, Rudolph Schenker and Matthias Jabs”;

Resolutions (filed by Mr. Moore) “in recognition of the 2002 observance of National Civic Participation Week in the Commonwealth”; and

Resolutions (filed by Ms. Resor) “congratulating Cosmo and Hazel Valente on the occasion of their golden wedding anniversary.”

Bill Recalled from the Acting Governor.

On motion of Mr. Tarr, 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 Department of Highways to acquire land in the city of Quincy for the purpose of flood control and prevention (see Senate, No. 2232).
Mr. Tarr was appointed the messenger. Subsequently, the bill was returned to the Senate.  

Order Adopted.

On motion of Ms. Fargo,—

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 Ms. Fargo, at ten minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.