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

 

Monday, August 27, 2001.

Met at three minutes past eleven o’clock A.M. (Ms. Melconian in the Chair).

Distinguished Guest.

There being no objection, the Chair (Ms. Melconian) introduced Patrick Healy of Westfield. Patrick was participating in a Job Shadowing program with Senator Knapik and his staff. Patrick is a junior at Saint Mary’s High School in Westfield, and is interested in pursuing a major in political science and government when he enters college. He was the guest of Senator Knapik.

Reports of a Committee.

Mr. Brewer, 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 bills

Relative to repeat offenders of the crime of operating a motor vehicle under the influence of alcohol (Senate, No. 170);

Further prohibiting dissemination of child pornography (Senate, No. 192);

Making it a felony to commit assault and battery on emergency medical personnel, firefighters and police officers (Senate, No. 193);

Further regulating automobile insurance surcharges (Senate, No. 751);

Authorizing municipalities to petition for public involvement plans in cases of hazardous material sites (Senate, No. 1067);

Relative to condominium septic systems (Senate, No. 1099);

Relative to natural heritage (Senate, No. 1112);

Relative to protecting the rights of custodial, maintenance and other non-teaching employees of school districts (Senate, No. 1499, changed);

Relative to the Uniform Procurement Act (Senate, No. 1541);

To limit indemnity and insurance responsibility for general contractors and subcontractors in construction work to the extent the contractor or subcontractor is negligent and the negligence is the proximate cause of the injury or damages (Senate, No. 1561);

Regulating the minimum size of American lobsters in Massachusetts (Senate, No. 1847);

Requiring pilots for certain vessels (Senate, No. 2026);

Pertaining to the rights of fire fighters and police officers (printed as House, No. 716);

The House bills

Relative to small group insurance (House, No. 2361);

Relative to dress codes in public schools (House, No. 2670, amended);

Relative to the right of incarcerated felons to vote (House, No. 2883); and

The Senate reports

Of the committee on Insurance, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 785) of Robert E. Travaglini, Nancy Flavin, Bradford Hill and other members of the General Court for legislation to provide that certain health care plans and policies shall cover payment for costs arising from speech, hearing and language disorders;

Of the committee on Natural Resources and Agriculture, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1094) of Michael W. Morrissey for legislation relative to the authority of the Massachusetts Water Resources Authority Advisory Board;

On the petition (accompanied by bill, Senate, No. 1116) of Stanley C. Rosenberg for legislation to authorize Joseph W. Dayall to take the examination for hazardous waste site cleanup professional notwithstanding certain provisions of law; and

On the petition (accompanied by bill, Senate, No. 1128) of Charles E. Shannon and Michael W. Morrissey for legislation relative to the Massachusetts Water Resources Authority;

Of the committee on Public Service, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1439) of Michael W. Morrissey for legislation relative to the public employee deferred compensation program; and

On the petition (accompanied by bill, Senate, No. 1440) of Michael W. Morrissey for legislation to authorize and direct the State Auditor to conduct an audit of the Massachusetts deferred compensation program;

Of the committee on Taxation, ought NOT to pass:

On the petition (accompanied by bill, Senate, No. 1624) of Frederick E. Berry for legislation to increase the level of private investment in housing by establishing a low-income housing tax credit;

On the petition (accompanied by bill, Senate, No. 1651) of Robert A. Havern for legislation to exempt photocopies provided by libraries from sales tax;

On the petition (accompanied by bill, Senate, No. 1653) of Ralph LeBlanc for legislation to provide a tax exemption to any person who has reached one hundred years of age;

On the petition (accompanied by bill, Senate, No. 1658) of James P. Jajuga, Arthur J. Broadhurst, Brian S. Dempsey and Emile J. Goguen for legislation relative to the tax on retail sales within ten miles of the New Hampshire border;

On the petition (accompanied by bill, Senate, No. 1673) of Brian P. Lees, Bruce E. Tarr, Richard R. Tisei and other members of the General Court for legislation to make the investment tax credit permanent;

On the petition (accompanied by bill, Senate, No. 1734) of Citizens for Limited Taxation, by Francis J. Faulkner, associate director, Jo Ann Sprague, Bruce E. Tarr and Robert L. Hedlund for legislation to establish a separate fund known as the voluntary optional tax endowment fund; and

On the petition (accompanied by bill, Senate, No. 1746) of Walter J. Ziobro, Jr. for legislation to repeal the tax on the storage, use or other consumption of certain tangible personal property.

Committee Change.

The Chair (Ms. Melconian) announced the resignation of Senator Moore of Worcester and Norfolk as a member of the committee on Bills in the Third Reading and the appointment of Senator Brewer of Worcester, Hampden, Hampshire and Franklin to fill the vacancy.

Resolutions.

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

Resolutions (filed by Ms. Walsh) “congratulating Brian Farnkoff on the occasion of his Court of Honor.”

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:

The Senate Bill authorizing the city of Newburyport to establish certain maintenance and capital investment funds (Senate, No. 1889),— was read a third time and passed to be engrossed.

Sent to the House for concurrence.

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, on petition, a Bill relative to the Massachusetts Water Resources Authority bond cap (Senate, No. 1142).

There being no objection, the rules were suspended, on motion of Mr. Brewer, 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.

Recess.

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

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill making appropriations for the fiscal year 2001 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4490),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2107.

There being no objection, the rules were suspended, on motion of Mr. Lees, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.

Mr. Knapik presented an amendment in Section 2A by inserting after item 1599-0107, the following item:

“1599-3437 For a reserve to meet the cost of the fiscal years 2001 and 2002 salary adjustments necessary to provide equal salary adjustments to non-unit and administrative personnel who would otherwise be covered by collective bargaining agreements at the community colleges; provided, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriations and allocations thereof for the fiscal years 2001 and 2002 and such amounts as are necessary to meet the costs of said adjustments where the amounts otherwise available are insufficient for that purpose, in accordance with a transfer plan which shall be filed with the house and senate committees on ways and means 3,600,000.”

The amendment was rejected.

The bill, as amended by the committee on Ways and Means, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.

Sent to the House for concurrence in the amendment.

Committee Change.

The Chair (Ms. Melconian) announced the resignation of Senator Brewer of Worcester, Hampden, Hampshire and Franklin as a member of the committee on Bills in the Third Reading and the reappointment of Senator Moore of Worcester and Norfolk thereto.

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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 twenty-two minutes past twelve o’clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.