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.

Thursday, October 3, 2002.

Met at one minute past eleven o’clock A.M.

Communication.

A communication from the Executive Office for Administration and Finance (under Section 3B of Chapter 7 of the General Laws) submitting notice of the Secretary’s intention to authorize the establishment of an intercept fee by the Department of Revenue (received Wednesday, October 2, 2002),— was placed on file.

Report.

Annual report of the Group Insurance Commission (under the provisions of Section 20 of Chapter 32A of the General Laws) relative to vendor quality improvement activities for fiscal year 2002 (received Monday, September 30, 2002),— was placed on file.

Committee Discharged.

Ms. Menard, for the committee on Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Public Service to make an investigation and study of certain current Senate documents relative to public employment retirement (Senate, No. 2127), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 2020) of Thomas G. Ambrosino, mayor, Robert E. Travaglini, Robert A. DeLeo and other members of the General Court (with the approval of the mayor and city council) for legislation to further regulate the rights of certain employees of the city of Revere who were laid off in the years 1981 and 1982,— and recommending that the same be recommitted to the committee on Public Service.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating certain votes taken by the town of Hopkinton (House, No. 5343);
To the committee on Election Laws.

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to betterment assessments for sewerage facilities in the town of Millbury (House, No. 5344);
To the committee on Taxation.

A petition (accompanied by bill, House, No. 5347) of Peter J. Koutoujian, Rachel Kaprielian and Steven A. Tolman (by vote of the town council) that the retirement board of the city known as the town of Watertown be authorized to grant increased retirement benefits to certain former employees of said city,— was referred, in concurrence, to the committee on Public Service.

Bills

Authorizing the town of Ware to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 5121,— on petition) [Local approval received]; and

Relative to recall in the town of North Brookfield (House, No. 5150,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.  

Report of a Committee.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on petition, a Bill relative to the financial conditions in the Nashoba Regional School District (Senate, No. 2479, changed in section 3, in line 5, by inserting after the words “the deputy commissioner of the division of local services of the department of revenue or his designee,” the words “the commissioner of education or his designee,”);
The bill was read.
The rules were suspended, on motion of Ms. Melconian, 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.

PAPER FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill relative to the unemployment insurance system (see House, No. 4452, 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 3 to 0.
The bill was signed by the President and sent to the House for enactment.

Resolutions.

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

Resolutions (filed by Messrs. Havern and Shannon) “congratulating Woburn High School on the occasion of its one hundred fiftieth anniversary”;

Resolutions (filed by Mr. McGee) “honoring John B. Knowles”;

Resolutions (filed by Mr. Pacheco) “congratulating Joseph and Dianne Balmain”;

Resolutions (filed by Mr. Pacheco) “on the occasion of the seventy-fifth anniversary of the Bridgewater Lions Club”;

Resolutions (filed by Mr. Pacheco) “congratulating Joshua LaBrecque upon his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mrs. Sprague) “congratulating Michael Garrett Ferguson of Seekonk upon his elevation to the rank of Eagle Scout”; and

Resolutions (filed by Mrs. Sprague) “congratulating Christopher Brian Mulligan of Seekonk upon his elevation to the rank of Eagle Scout.”

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5070) of David M. Nangle for legislation to designate a certain bridge in the city of Lowell as the Martin T. “Buster” Meehan Bridge,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.

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 to minimize the effect of irrelevant lis pendens memoranda (Senate, No. 842),— was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Creedon presented an amendment, substituting a new draft entitled “An Act relative to certain recorded memoranda of litigation involving real property” (Senate, No. 2483).
This amendment was adopted.
The bill (Senate, No. 2483) was then passed to be engrossed.
Sent to the House for concurrence.
 

The Senate Bill establishing a building reserve fund in the city of Revere (Senate, No. 2068),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A Bill placing the police chief in the town of Randolph under the civil service law (House, No. 5273,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Ms. Resor, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Bill Recalled from the Acting Governor

Laid Before the Senate.

On motion of Mr. Tarr, 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 relative to the Nantucket Islands Land Bank (see House, No. 3659).

Mr. Tarr was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.

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

On motion of the same Senator, Senate Rule 49 was suspended.

Mr. O’Leary presented an amendment, striking out section 5 and inserting in place thereof the following section:

“SECTION 5. Said section 12 of said chapter 669 is hereby further amended by striking out paragraph (j), as amended by section 7 of chapter 666 of the acts of 1987, and inserting in place thereof the following paragraph:—

(j) Transfers made to a stockholder of a corporation in liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee had before the transfer a controlling interest in the corporation, or (ii) with respect to a partnership or limited liability company, the transferee had before the transfer rights to capital interests in excess of 50 per cent of the total capital interests within the partnership or limited liability company or had rights to profit interests within the partnership or limited liability company in excess of 50 per cent of the total profit interests within the partnership or limited liability company.”
This amendment was adopted.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (all of which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for her approbation, to wit:

Relative to safety of school sponsored travel (see House, No. 4937, amended);

Relative to police powers in certain buildings in the town of Framingham (see House, No. 5186); and

Relative to parking violations in the city of Worcester (see House, No. 5230).

Recess.

There being no objection, at nine minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and at six minutes before twelve o’clock noon, the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for her approbation, to wit:

Directing the state board of retirement to pay a certain retirement benefit to the surviving spouse of State Trooper Michael Brugman (see Senate, No. 1374, changed and amended);

Relative to the financial conditions in the Nashoba Regional School District (see Senate, No. 2479, changed); and

Relative to the unemployment insurance system (see House, No. 4452, amended).

Order Adopted.

On motion of Ms. Melconian,—

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