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.

Monday, September 9, 2002.

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).

Engrossed Bill — Laid Before the Acting Governor.

The engrossed Bill authorizing an alternative method of construction for the Blue Hills and Spot Pond area covered water storage tanks (see House, No. 4816, amended) (which originated in the House), having been passed to be enacted and signed by the Acting President (Ms. Melconian) on Thursday, August 29, 2002, was laid before the Acting Governor for her approbation on Monday, September 9, 2002.

Petition.

Mr. Brewer presented a petition (subject to Joint Rule 12) of Stephen M. Brewer for legislation to establish a sick leave bank for Myrna Lison, an employee of the Department of Mental Retardation,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of a Committee.

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 House bills

Relative to jet skis, surf jets, wet bikes, and other watercrafts in municipalities (House, No. 5019, amended);

Validating the actions taken at the special town meeting held by the town of Rockland (printed in House, No. 5153); and

Designating a certain bridge in the town of North Attleborough as the Women War Veterans of North Attleborough Memorial Bridge (House, No. 5156).

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5326) of Paul J. Donato, J. James Marzilli, Jr., and Charles E. Shannon (with the approval of the mayor and city council) relative to the borrowing of money for cemetery purposes by the city of Medford;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5325) of Brian S. Dempsey (with the approval of the mayor and city council) relative to authorizing Philip M. Akstin to take the civil service examination for fire fighter in the city of Haverhill, notwithstanding the maximum age requirement;
To the committee on Public Service.

A Bill requiring the posting of security for the seizure and impoundment of animals (House, No. 2202,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

A Bill authorizing the town of Rochester to pay a certain unpaid bill (House, No. 5049,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A Bill relative to establishing a distinctive registration plate process (House, No. 5028, amended,— on House, No. 4582),— was read.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing a distinctive registration plate process.”.  

Resolutions.

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

Resolutions (filed by Mr. Tisei) “on the occasion of the retirement of Robert ‘Bob’ Ashton.”

Petitions.

On motion of Mrs. Sprague, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Tucker (accompanied by bill) of Susan C. Tucker for legislation relative to educational services for homeless children,— and the same was referred to the committee on Education, Arts and Humanities.
Sent to the House for concurrence.  

A petition (having been transmitted to the Secretary of State under the provisions of Section 5 of Chapter 3 of the General Laws and returned by him with memoranda relative thereto) was referred, as follows, to wit:—

Petition (subject to Joint Rules 12 and 9) of Michael R. Knapik and Michael F. Kane for legislation to restrict the powers and authority of the Holyoke Water Power Company;

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

Subsequently, Ms. Menard, for the said committees on Rules of the two branches, acting concurrently, reported recommending that Joint Rules 12 and 9 be suspended.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rules 12 and 9 were suspended; and the petition (accompanied by bill) was referred to the committee on Government Regulations.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5329) of Peter J. Koutoujian, Robert Correia, Paul Kujawski and Kevin W. Fitzgerald relative to authorizing the Information Technology Division to respond to certain requests for information,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on State Administration.  

Bill Previously Recalled from the Acting Governor

Laid Before the Senate.

The engrossed Bill relative to the sounding of train whistles in the town of Tewksbury (see House, No. 765, amended) which, at a previous session, had been returned by Her Honor the Lieutenant-Governor, Acting Governor, at the request of the Senate,— was laid before the Senate.

There being no objection, on motion of Mr. Knapik, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.

On motion of Mrs. Sprague, Senate Rule 49 was suspended.

Ms. Tucker presented an amendment, striking out the words “board of selectmen of the town” and inserting in place thereof the following words:— “department of telecommunications and energy”.
The amendment was adopted.
Sent to the House for concurrence in the amendment.  

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 property tax exemptions for rental properties in the town of Provincetown used as affordable housing (Senate, No. 2325),— 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.  

The House Bill relative to the civil service status of the positions of director of police services and director of fire services in the town of Arlington (House, No. 5233),— was read a second time.

Mr. Havern presented an amendment in section 2, by inserting after the word “positions”, the first time it appears in line 5, the following words:— “and shall be exempt from section 56 of chapter 31 of the General Laws”.
The amendment was adopted.
The bill, as amended, 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.

PAPERS FROM THE HOUSE.

A Bill establishing the position of treasurer-collector in the town of North Attleborough (House, No. 5231,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Lees, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing the office of treasurer-collector in the town of North Attleborough.”.

Engrossed Bill.

An engrossed Bill providing for a betterment program for private road improvements in the city of Gloucester (see House, No. 4835) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President and laid before the Acting Governor for her approbation.

Recess,

At twelve minutes past eleven o’clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at ten minutes before twelve o’clock noon, the Senate reassembled, Ms. Melconian in the Chair.

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to establishing a distinctive registration plate process (see House, No. 5028, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President and laid before the Acting Governor for her approbation.  

A petition (accompanied by bill, House, No. 5330) of Arthur J. Broadhurst, Barry R. Finegold and Jose L. Santiago relative to the compensation of the commission members of the Greater Lawrence Sanitary District,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Local Affairs.  

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. Hedlund, at nine minutes before twelve o’clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.