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

Wednesday, September 19, 2001.

Met at nine 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).

 

Petition.

Mr. Creedon presented a petition (subject to Joint Rule 12) of Robert S. Creedon, Jr. and Kathleen M. Teahan (by vote of the town) for legislation to authorize the town of East Bridgewater to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises [Local approval received],— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

 Committee Discharged.

Ms. Menard, for the committee on Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Criminal Justice to make an investigation and study of several Senate documents relative to criminal justice matters (Senate, No. 1944), reported, in part, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 173) of Thomas F. Reilly, Attorney General, Cheryl A. Jacques, Harriett L. Stanley and other members of the General Court for legislation to penalize unauthorized access to computers; and

Of the petition (accompanied by bill, Senate, No. 174) of Thomas F. Reilly, Attorney General, Cheryl A. Jacques, Harriett L. Stanley and other members of the General Court for legislation to establish the crime of communicating a terroristic threat;

And recommending that the same severally be recommitted to the committee on Criminal Justice.

By the same Senator, for the same committee, to whom was referred the Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to judicial matters (Senate, No. 1977), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 907) of Cheryl A. Jacques for legislation relative to convening a statewide grand jury,— and recommending that the same be recommitted to the committee on the Judiciary.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

 

PAPERS FROM THE HOUSE.

Bills

Relative to the appointing of alternate members to the conservation commission of the town of North Andover (House, No. 4017,— on petition) [Local approval received];

Providing for an executive director of city services in the city of Everett (House, No. 4289,— on petition) [Local approval received]; and

Directing the retirement board of the city of Holyoke to retire John Daly (House, No. 4457,— on House, No. 4027) [Local approval received on House, No. 4027];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Bill Recalled from the Acting Governor.

On motion of Mr. Tisei, 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 town of Lancaster to place certain questions relative to the sale of alcoholic beverages on the town’s election ballot (see House, No. 4181, amended).
Mr. Tisei was appointed the messenger. Subsequently, the bill was returned to the Senate.

Petition.

On motion of Mr. Tisei, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Menard (accompanied by bill) of Joan M. Menard, SEIU, by Susana Segat, president, Linda J. Melconian, Robert E. Travaglini, other members of the General Court and Michael J. Callahan for legislation relative to state employees summonsed to active duty in the Armed Forces of the United States,— and the same was referred to the committee on Public Service.

Sent to the House for concurrence.

 PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4553) of Michael F. Kane for legislation to authorize the District Court Department to establish a sick leave bank for Rachel A. Joyce, an employee of said department,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

 

Communication.

The Clerk read the following communication:

 

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

September 14, 2001.

Patrick F. Scanlan, Clerk
Massachusetts Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

     On September 13, 2001, 1 was away from the State House on a personal matter, and I was therefore unable to be present for the roll call votes taken on the following items:

     1. Senate Bill 842, An Act to Minimize the Effect of Irrelevant Lis Pendens Memoranda.

     2. House Bill 4274, An Act Relative to Authorizing the Financing of the Production and Preservation of Affordable Housing in the Commonwealth.

     Had I been present, I would have voted in the affirmative on both these matters.

     I would respectfully request your assistance with the printing of this communication in the Senate journal. Thank you in advance for your help on this matter.

Sincerely,

ANDREA F. NUCIFORO, JR.
State Senator.

 On motion of Mr. Tisei, the above statement was ordered printed in the Journal of the Senate.

 

Resolutions.

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

Resolutions (filed by Mr. O’Leary and Ms. Murray) “recognizing Carol Schwamb of West Falmouth”; and

Resolutions (filed by Mrs. Sprague) “in recognition of Private Walter West Scott, U.S.M.C., and in lasting memory of the dedication of his Congressional Medal of Honor plaque.”

 

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for Rena C. Pelletier, an employee of the Trial Court of the Commonwealth (see House, No. 3760, 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.

 

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing the transfer and change in use of certain conservation/recreation lands in the towns of Stow and Sudbury (Senate, No. 1600),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2117).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2117) was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to the Massachusetts Technology Development Corporation (Senate, No. 1793),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2118).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.

The bill (Senate, No. 2118) was then ordered to a third reading.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing the Department of Environmental Protection to grant a Chapter 91 license to the Boston Tea Party Ship, Inc. (Senate, No. 1830, changed),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and ordered to a third reading.

 

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 House Bill relative to town meetings in the town of Burlington (House, No. 1446),— was read a third time and passed to be engrossed, in concurrence.

 

The Senate Bill relative to repeat offenders of the crime of operating a motor vehicle under the influence of alcohol (Senate, No. 170),— was read a second time.

Ms. Creem presented an amendment, substituting a new draft with the same title (Senate, No. 2116).
The amendment was adopted.
The bill (Senate, No. 2116) was then ordered to a third reading.

 

The House Bill authorizing the town of Hanover to issue an additional license for the sale of wines and malt beverages not to be drunk on the premises (House, No. 4233),— 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 authorizing the town of Plymouth to lease certain land (House, No. 4174,— on House, No. 2424),— was read.

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

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M.

On motion of Mr. Tisei, at eighteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at one o’clock P.M.