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.


Seal of the
Commonwealth of Massachusetts

Thursday, August 16, 2001.

Met at five 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).


A communication from the Executive Office of Health and Human Services, Division of Medical Assistance (under the provisions of section 63 of Chapter 236 of the Acts of 2000) submitting a copy of an independent study prepared by the Lewin Group entitled “Analysis of the Reimbursement Rates for Acute Hospitals, Nonacute Hospitals, and Community Health Centers in Massachusetts” (received Wednesday, August 15, 2001),— was placed on file.


Petitions were presented and referred, as follows:

By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation relative to license renewal provisions for real estate appraisal trainees;

By the same Senator, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation relative to providing retirement buyback provisions for retired teachers with armed services experience;

By Mr. Nuciforo, a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr., Richard T. Moore, Stanley C. Rosenberg, Patricia D. Jehlen and other members of the General Court for legislation to establish the auto pilot car ownership program for low-income families;

By Mr. Rosenberg, a petition (subject to Joint Rule 12) of Stanley C. Rosenberg, Stephen M. Brewer, Andrea F. Nuciforo, Jr., Stephen Kulik and other members of the General Court for legislation relative to borrowing by cities and towns; and

By Ms. Tucker, a petition (subject to Joint Rule 12) of Susan C. Tucker, James R. Miceli and David M. Nangle for legislation to authorize the exchange of certain land between the town of Tewksbury and the Commonwealth;

Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Glodis, for the committee on Election Laws, on the recommitted petition, a Bill entitled “Special recall act” (Senate, No. 1862) [Local approval received];

Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


The following reports (having been sent by the House to the Senate for its information) were severally returned to the House to be placed on file, to wit:

Semi-annual report of the Insurance Fraud Bureau (under the provisions of Section 99(k) of Chapter 398 of the Acts of 1991) on the disposition of matters referred to said bureau; and

Report of the Massachusetts Turnpike Authority (under the provisions of Section 178 of Chapter 653 of the Acts of 1989) of the bi-monthly cost report for the Central Artery/Third Harbor Tunnel Project.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4461) of Joseph C. Sullivan (by vote of the town) relative to the enhanced emergency telephone system in the town of Braintree;

To the committee on Government Regulations.

Petition (accompanied by bill, House, No. 4462) of Ellen Story and Stanley C. Rosenberg (by vote of the town) relative to authorizing the town of Amherst to acquire easements and to construct thereon sewerage pumping stations and related facilities;

To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4463) of Deborah D. Blumer and David P. Magnani (by vote of the town) that the town of Framingham be authorized to establish an elderly discount program for water and sewer rates;

To the committee on Natural Resources and Agriculture.


There being no objection, at six minutes past eleven o’clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at fifteen minutes before twelve o’clock noon, the Senate reassembled, the President in the Chair.


The Senate Bill relative to electronic communication with shareholders (Senate, No. 1792, changed and amended),— came from the House passed to be engrossed, in concurrence, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4400.

There being no objection, the rules were suspended, on motion of Ms. Fargo, and the House amendment was considered forthwith and adopted, 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 Bill designating the state armory in the town of Braintree as the Sergeant Charles MacGillivary Memorial Building (House, No. 2616).

There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.


Engrossed Bills.

The following engrossed bills (both 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:

Authorizing the city of New Bedford to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4053); and

Authorizing the town of West Boylston to establish a department of public works (see House, No. 4152).

Report 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 Stephen M. Brewer, David C. Bunker, Jr. and Christine Monette for legislation relative to creditable service for employees of CAPS Collaborative.

Senate Rule 36 was suspended, on motion of Ms. Fargo, 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.

Sent to the House for concurrence.


A petition (accompanied by bill, House, No. 4472) of Gale D. Candaras relative to designating demolition a separate trade for filed sub-bids,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on State Administration.


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

Resolutions (filed by Mr. Pacheco) “honoring Matthew John Kotowski of Marion upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Ms. Resor) “congratulating Francis H. Zanca on the occasion of his retirement”; and

Resolutions (filed by Ms. Wilkerson) “honoring the Greater Boston Financial Services Professionals, formerly the Boston Urban Bankers Forum, on its thirtieth anniversary.”

Order Adopted.

On motion of Mr. Moore,—

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. Tarr, at ten minutes before twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.