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 22, 2003.

Met according to adjournment at eleven o’clock A.M. (Ms. Walsh in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Chair (Ms. Walsh), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Glodis, a petition (subject to Joint Rule 12) of Guy W. Glodis and John J. Binienda for legislation relative to the Cherry Valley sewer district 2000-2001 project;

By Mr. Joyce (by request), a petition (subject to Joint Rule 12) of Mark P. Dupont for legislation relative to the operation of certain vehicles on state property;

By Mr. Panagiotakos, a petition (subject to Joint Rule 12) of Steven C. Panagiotakos, Thomas A. Golden, Jr., Kevin J. Murphy and David M. Nangle for legislation to designate a portion of the Lowell Heritage State Park as the Mary Bacigalupo Victorian Garden; and

By Mrs. Sprague, a petition (subject to Joint Rule 12) of Jo Ann Sprague, Brian A. Joyce, William C. Galvin and Louis L. Kafka for legislation to provide certain discounts to state tourist attractions for veterans;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Barrios, for the committee on Public Safety, on petition, a Bill relative to training for law enforement in dealing with individuals suffering from mental illness and mental retardation (Senate, No. 1303);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Ms. Fargo, for the committee on Local Affairs and Regional Government, on petition, a Bill authorizing the Nantucket Islands Land Bank to grant a conservation restriction to the Nantucket Conservation Commission (Senate, No. 1167) (Representative Sánchez of Boston dissenting);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

Ms. Jacques, 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 relative to the Sandwich water district (Senate, No. 1163).

Committee Discharged.

Mr. Brewer, for the committee on Ethics and Rules, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee on Local Affairs and Regional Government to make an investigation and study of Senate document numbered 1178, relative to affordable elderly rental housing in Ipswich (Senate, No. 2075),— and recommending that the same be recommitted to the committee on Local Affairs and Regional Government.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurence in the reference to the joint committee.  

Resolutions.

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

Resolutions (filed by Mr. Havern) “on the occasion of the retirement of Marie Cerchione”; and

Resolutions (filed by Ms. Murray and Mr. O’Leary) “honoring Mrs. Bette Vagen.”

Reports of Committees.

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael R. Knapik and Donald F. Humason, Jr. for legislation to authorize the Department of Mental Retardation to establish a sick leave bank for Evelyn Gadomski, an employee of said department
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 Public Service.
Sent to the House for concurrence.
 

By Mr. Montigny, for the Senate committee on Long-Term Debt and Capital Expenditures, that the House Bill authorizing the city of Somerville to issue certain general obligation bonds with level debt service (House, No. 3853),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 bills

Relative to vehicle weight limitation requirements (Senate, No. 1285);

To regulate the speed of school buses on limited access highways (Senate, No. 1333);

Relative to establishing a distinctive registration plate (Senate, No. 2006); and

Relative to electronic signatures (Senate, No. 2076);
Were severally read a second time and ordered to a third reading.  

The Senate Bill authorizing the town of Tewksbury and/or the Tewksbury Conservation Commission to convey certain easements to Tennessee Gas Pipeline Company in the town of Tewksbury (Senate, No. 1938, changed),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the town of Tewksbury or the Tewksbury Conservation Commission to convey certain easements to Tennessee Gas Pipeline Company in the town of Tewksbury.”
Sent to the House for concurrence.
 

The Senate Bill authorizing the town of Southwick to grant an easement to Carol K. Collins (Senate, No. 1940),— 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 authorizing the town of Mashpee to convey certain conservation land (House, No. 3846),— 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 authorizing the town of Mashpee to convey certain land”.  

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, that the Senate Bill authorizing the Commissioner of the Division of Capital Asset Management and Maintenance to grant an easement to the county of Nantucket (Senate, No. 2082),— ought to pass, with an amendment, in section 1, by striking out, in line 5, the words “convey, by deed” and inserting in place thereof the following words: “grant, by easement agreement”; by striking out, in line 8, the words “give or take a foot” and inserting in place thereof the following words: “more or less”; by inserting after the first sentence the following sentence: “The exact boundaries of the easements shall be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of mental health after completion of a survey.”; in section 3, by inserting after the word “maintenance”, in line 4, the following words:— “, including the costs of any appraisals or surveys relating to the transfer of said easement”; and by inserting before the enacting clause the following emergency preamble:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for public recreation and transportation in the county of Nantucket and to qualify for federal funding before the deadline for applying for such funding, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2082, amended) was then ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the Commissioner of Capital Asset Management and Maintenance to grant an easement to the county of Nantucket.”
Sent to the House for concurrence.
 

PAPERS FROM THE HOUSE.

A petition (accompanied by resolve, House, No. 4180) of Marie P. St. Fleur for an investigation by a special commission (including members of the General Court) relative to the reintegration of prisoners into the cities and towns of the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Safety.  

Emergency Preamble Adopted.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey an easement in certain land located in the town of Concord (see House, No. 1375, 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.  

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Recess.

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

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to convey an easement in certain land located in the town of Concord (see House, No. 1375, 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 re-enacted and was signed by the Acting President and again laid before the Governor for his approbation.

On motion of Mr. Knapik, at twenty-three minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.