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
Thursday, September 27, 2001.

Met at three minutes past eleven o’clock A.M.

 

Report.

A report of the Massachusetts Capital Resource Company (under the provisions of Section 12 of Chapter 816 of the Acts of 1977) relative to its current status (received Friday, August 31, 2001),— was placed on file.

 

Petitions.

Mr. Morrissey presented a petition (accompanied by bill, Senate, No. 2125) of Michael W. Morrissey, Bruce J. Ayers and Ronald Mariano (with the approval of the mayor and city council) for legislation to authorize the city of Quincy to lease a certain parcel of land and building [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on State Administration.

Sent to the House for concurrence.

 

Mrs. Sprague presented a petition (subject to Joint Rule 12) of Jo Ann Sprague, Robert J. DeFontes and Philip Travis for legislation relative to mandatory retirement of police officers,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

 

Reports of Committees.

Mr. Pacheco, for the committee on Natural Resources and Agriculture, that the recommitted Senate Bill requiring pilots for certain vessels (Senate, No. 2026),— ought to pass, with an amendment, substituting a new draft entitled “An Act relative to the appointment of certified harbormasters in the Commonwealth” (Senate, No. 2124).
Referred, under Senate Rule 26, to the committee on Steering and Policy.

 

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill authorizing the town of Milton to transfer land to the Milton school department (Senate, No. 2098) [Local approval received];

By the same Senator, for the same committee, on petition, a Bill relative to the Ashland home rule charter (Senate, No. 2105, changed by striking out Section 29 and inserting in place thereof the following:—

“Section 29. This act shall be submitted to the voters of the town of Ashland at the next annual or special town election in the form of the following question which shall be placed on the official ballot to be used at the election:—

‘Shall an act passed by the General Court in the year 2001, entitled ‘An Act Relative to the Ashland Home Rule Charter’, be accepted?

If a majority of the votes cast in answer to such question is in the affirmative, this act shall thereupon take effect, but not otherwise.”) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill authorizing the town of Topsfield to convey a certain parcel of conservation land to the town of Boxford for conservation purposes (Senate, No. 2106) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

 

Committee Discharged.

Ms. Menard, for the committee on Rules, to whom were referred

The Senate Order relative to authorizing and directing the joint committee on Public Service to make an investigation and study of several Senate documents relative to employment benefits (Senate, No. 2063), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 1811) of Brian A. Joyce for legislation relative to police officers injured in the line of duty; and

The Senate Order relative to authorizing and directing the joint committee on Public Service to make an investigation and study of various Senate documents relative to employment benefits (Senate, No. 2064), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 1325) of Robert S. Creedon, Jr. and Brian A. Joyce for legislation relative to the salaries of chief court officers and first assistant court officers of the Trial Court;

And recommending that the same severally be recommitted to the committee on Public Service.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

 

Resolutions.

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

Resolutions (filed by Messrs. Creedon, Hedlund, Morrissey, Ms. Murray, Mr. Pacheco and Mrs. Sprague ) “honoring Michael J. Sullivan”;

Resolutions (filed by Mr. Pacheco) “congratulating Anita Bonzagni on the occasion of her one hundredth birthday”; and

Resolutions (filed by Mrs. Sprague) “honoring Miriam Ethel Johnston Mitchell of Walpole on the occasion of her ninety-fifth birthday.”

 

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill relative to the operation of sewers in the town of Rockport (see House, No. 489) (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 President and laid before the Acting Governor for her approbation.

 

Order Adopted.

Mr. Moore offered the following order:—

Ordered, That, by the authority of article IV of section II of chapter I of the Constitution, the Senate declares that, by reason of the resignation of James P. Jajuga as senator from the Third Essex district, the office of senator from the Third Essex district is vacant. By the authority of article XXIV of the Amendments to the Constitution, the Senate directs the president of the Senate to issue a precept setting forth January 8, 2002 as the day for holding an election to fill the vacancy in the Third Essex district, comprising the cities of Haverhill, Methuen and Newburyport and the towns of Amesbury, Merrimac and Salisbury, and precincts 1 to 4, inclusive, of the town of North Andover, in the county of Essex.
There being no objection, the order was considered forthwith and adopted.

 

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 validating the actions taken at the annual town meeting of the town of Eastham (printed in House, No. 4230).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

 

PAPERS FROM THE HOUSE.

A Bill validating the election of a planning board member to a five year term in the town of Hampden (House, No. 4222,— on petition) [Local approval received],— was read.
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act validating the election of a planning board member to a 5 year term in the town of Hampden.”

 

A Bill validating the proceedings of the annual town election in the town of Hampden (House, No. 4223,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

 

A Bill relative to the Hillcrest Sewer District (House, No. 4363,— on petition),— was read.
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.  

A Bill relative to the annual observance of Arthritis Awareness Day (House, No. 4391,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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.

The following order (filed by Ms. Menard) was referred, under Joint Rule 30, to the committees on Rules of the two branches, acting concurrently:

Ordered, That, notwithstanding the provisions of Joint Rule 10, joint standing committees and the committees on Rules of the two branches, acting concurrently, be granted until Thursday, November 1, 2001 within which to make reports on matters referred to them.
Subsequently, Ms. Menard, for the said committees on Rules of the two branches, acting concurrently, reported that the order ought to be adopted and, there being no objection, the rules were suspended, the order was considered; and it was adopted.

Sent to the House for concurrence.

 

Recess.

There being no objection, at twelve minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at twenty-eight minutes past one o’clock P.M., the Senate reassembled, Mr. Moore in the Chair.

 

PAPERS FROM THE HOUSE.

A Bill relative to extending simulcast wagering of horse and dog racing (printed in House, No. 4587, amended,— being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Antonioni, 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 to read as follows: “An Act extending simulcast wagering of horse and dog racing.”

 

A Bill to clarify the open container law (printed in House, No. 4586, amended,— being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Antonioni, 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 clarifying the open containing law.”

 

Recess.

There being no objection, at half past one o’clock P.M., the Chair (Mr. Moore) declared a recess subject to the call of the Chair; and, at six minutes past two o’clock P.M., the Senate reassembled, the President in the Chair.

 

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted; Engrossed Bills Enacted.

An engrossed Bill clarifying the open container law (see House Bill, printed in House, No. 4586, 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 President and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the President and laid before the Acting Governor for her approbation.

 

An engrossed Bill extending simulcast wagering of horse and dog racing (see House Bill, printed in House, No. 4587, 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 President and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the President and laid before the Acting Governor for her approbation.

 

Order Adopted.

On motion of Mr. Tarr,—

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 a quarter past two o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.