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, October 4, 2001.

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

Distinguished Guests.

The President introduced, seated in the rear of the Chamber, students from the Quabbin Regional Middle School in Barre. The students are members of the Quabbin’s Project Citizen Team whose task is to identify an issue in their community, develop a policy and create an action plan to promote the policy. The team addressed a safety issue on the street leading to their school, and achieved 1st Place at the State Championship and 2nd Place at the National Competition held in San Antonio, Texas. They were accompanied by their teachers, Erin Stevens and Todd Stewart, and were the guests of Senators Moore and Brewer.

Communications.

The following communications were severally placed on file:

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 establish a licensing fee for perfusionists (received Friday, September 28, 2001);

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 establish licensure fees for dieticians and nutritionists (received Friday, September 28, 2001);

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 amend regulations affecting certain fees for licenses, permits, and services charged by state agencies (received Friday, September 28, 2001);

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 eliminate three filing fees currently collected by the Department of Revenue; the fees for filing an estate tax return, the fee for releasing the estate tax lien and the fee for a duplicate copy of the lien release (received Friday, September 28, 2001);

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 make changes to certain fees affecting the Appellate Tax Board (received Friday, September 28, 2001);

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 establish licensure fees for home inspectors (received Friday, September 28, 2001); and

Communication from the Board of Higher Education relative to a request for an appropriation to fund a collective bargaining agreement executed between the Board of Higher Education and the Massachusetts Teachers Association/Association of Professional Administrators (received Wednesday, September 26, 2001).

Reports.

The following reports were severally read and placed on file:

A report of the Division of Employment and Training (under the provisions of Chapter 233 of the Acts of 1983) submitting its third quarter report for 2001 (received Wednesday, September 5, 2001);

A report of the Massachusetts Convention Center Authority (under the provisions of Section 5 of Chapter 152 of the Acts of 1997) submitting its quarterly report on the status of the Boston Convention and Exhibition Center Project (received Thursday, September 20, 2001);

A report of the Massachusetts Technology Development Corporation (under the provisions of Section 6 of Chapter 40G of the General Laws) submitting its report for the fiscal year ending June 30, 2001 (received Monday, September 24, 2001); and

A report of the Massachusetts Legal Assistance Corporation (under the provisions of Section 10 of Chapter 221A of the General Laws) submitting a copy of its fiscal year 2001 annual report (received Friday, September 28, 2001).

The following reports were severally read and sent to the House for its information:

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to the inspection of the Franklin County House of Correction and Jail (received Thursday, September 13, 2001);

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Western Massachusetts Correctional Alcohol Center (received Thursday, September 13, 2001);

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Hampshire County Jail and House of Correction (received Thursday, September 13, 2001);

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of Berkshire County House of Correction and Jail (received Monday, September 24, 2001); and

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Women in Transition Facility (received Tuesday, September 25, 2001).

Petition.

Mr. Moore presented a petition (accompanied by bill, Senate, No. 2135) of Richard T. Moore, Paul K. Frost and Mark J. Carron (by vote of the town) for legislation to provide for the appointment of the Oxford Development and Industrial Commission [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs.

Sent to the House for concurrence.

Petitions.

Petitions were presented and referred, as follows:

By Ms. Creem, a petition (subject to Joint Rule 12) of Cynthia S. Creem, Ruth B. Balser and Kristen Mackay for legislation relative to the retirement of school social workers; and

By Mr. Hedlund, a petition (subject to Joint Rule 12) of Robert L. Hedlund for legislation relative to linking personal income tax exemptions to the consumer price index;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Committees Discharged.

Ms. Menard, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration

Of the Senate Order relative to authorizing the joint committee on Insurance to make an investigation and study of a certain current Senate document numbered 2087, relative to insurance coverage in the Commonwealth (Senate, No. 2129);

Of 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); and

Of the Senate Order relative to authorizing the joint committee on Taxation to make an investigation and study of a certain current Senate document numbered 1895, relative to farm viability (Senate, No. 2128);

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

Ms. Menard, for the committee on Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Taxation 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 income and excise taxes and tax expenditures (Senate, No. 1945), reports, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 1630) of the Association Industries of Massachusetts, by Robert Ruddock, Harriette L. Chandler, Richard T. Moore and other members of the General Court for legislation to deduct amounts paid for health insurance by the self-employed from the Massachusetts gross income for tax purposes,— and recommending that the same be recommitted to the committee on Taxation.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4585) of Robert S. Hargraves and Steven C. Panagiotakos (by vote of the town) relative to authorizing the town of Pepperell to establish a board of public works;

Petition (accompanied by bill, House, No. 4588) of William C. Galvin (by vote of the town) relative to increasing the membership of the board of selectmen of the town of Canton;

Petition (accompanied by bill, House, No. 4589) of William G. Greene, Jr., and Robert A. Havern (by vote of the town) relative to authorizing the town of Billerica to establish a sewer fund; and

Petition (accompanied by bill, House, No. 4590) of William G. Greene, Jr., and Robert A. Havern (by vote of the town) relative to authorizing the town of Billerica to establish an affordable housing fund;

Severally to the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4604) of Ruth B. Balser, Cynthia S. Creem, Peter J. Koutoujian, Kay Khan and Rachel Kaprielian (with the approval of the mayor and board of aldermen) relative to authorizing the appointment of John F. Neville, III as a fire fighter in the city of Newton, notwithstanding the maximum age requirements; and

Petition (accompanied by bill, House, No. 4605) of Eugene L. O’Flaherty (with the approval of the city council) that the retirement board of the city of Chelsea be authorized to allow Marion M. Dixon, the widow of Howard F. Dixon, to make a certain change to her survivor benefits;
Severally to the committee on Public Service.

Engrossed Bill — Amended.

The engrossed Bill relative to the charter of the city known as the town of Watertown (see House, No. 4478) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was laid before the senate.

There being no objection, on motion of Mr. Tolman, Senate Rule 49 was suspended.

The same Senator offered an amendment, in section 24, by striking out the word “This” and inserting in place thereof the following words:— “Notwithstanding section 42C of chapter 54 of the General Laws, this”.
The amendment was adopted.
Sent to the House for concurrence in the amendment.

Petition.

On motion of Mr. Rosenberg, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Morrissey (accompanied by bill) of Michael W. Morrissey for legislation relative to the retirement of certain members of the district attorneys’ offices,— and the same was referred to the committee on Public Service.

Sent to the House for concurrence.

Reports of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition 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].

Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Government Regulations.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey, Robert L. Hedlund and Joseph C. Sullivan (by vote of the town) for legislation relative to the town of Braintree enhanced emergency telephone system [Local approval received].

Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Government Regulations.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Harriette L. Chandler and John P. Fresolo for legislation relative to certain sewer lines in the city of Worcester.

Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Natural Resources and Agriculture.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Harriette L. Chandler and David C. Bunker, Jr. (by vote of the town) for legislation to authorize the town of Holden to lease a certain school building for 99 years [Local approval received].

Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Brian A. Joyce (by vote of the town) for legislation relative to certain school construction projects in the town of Milton [Local approval received].

Senate Rule 36 was suspended, on motion of Ms. Chandler, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration.

Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4613) of George Rogers for legislation to authorize the establishment of dress codes in the public schools;

Under suspension of Joint Rule 12, to the committee on Education, Arts and Humanities.

Petition (accompanied by bill, House, No. 4607) of George Rogers relative to the abandonment of a child under ten years of age in a motor vehicle;

Under suspension of Joint Rule 12, to the committee on Human Services and Elderly Affairs.

Petition (accompanied by bill, House, No. 4608) of George Rogers relative to the admission and discharge rights of surgical patients in hospitals;

Under suspension of Joint Rule 12, to the committee on Health Care.

Petition (accompanied by bill, House, No. 4609) of Harrison T. Stedman relative to further regulating the payment of alimony;

Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4610) of George Rogers that the city of New Bedford be authorized to establish a schedule of parking fines in said city;

Under suspension of Joint Rule 7B, to the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4611) of Francis L. Marini and Therese Murray relative to granting civil service preference to the surviving children of Alton Grindle;

Under suspension of Joint Rule 12, to the committee on Public Service.

Petition (accompanied by bill, House, No. 4612) of Mark V. Falzone and Edward J. Clancy, Jr., relative to designating certain bridges in the town of Saugus in honor of certain veterans of said town;

Under suspension of Joint Rule 12, to the committee on Transportation.

Resolutions.

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

Resolutions (filed by Mr. Clancy) “recognizing October 28, 2001 as ‘Slow . . . . Please! Day’ in the Commonwealth”;

Resolutions (filed by Ms. Creem) “honoring Jack Steverman for 55 years of continuous membership and service to the Kiwanis Club of Brookline”;

Resolutions (filed by Mr. Hedlund) “congratulating Wendy Sprowl”;

Resolutions (filed by Mr. Joyce “congratulating John A. Cronin on the occasion of his retirement as Milton Town Administrator”;

Resolutions (filed by Mr. Pacheco) “congratulating Daniel and Rita Nunes on the occasion of their fiftieth wedding anniversary”; and

Resolutions (filed by Mr. Travaglini) “on the occasion of the 2001 North End Christopher Columbus Day Parade in memory of Frederick C. Langone.”

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:

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);

Validating the election of a planning board member to a 5 year term in the town of Hampden (see House, No. 4222);

Validating the proceedings of the annual town election in the town of Hampden (see House, No. 4223);

Relative to the Hillcrest Sewer District (see House, No. 4363); and

Relative to the annual observance of Arthritis Awareness Day (see House, No. 4391).

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 bills

Providing for an executive director of city services in the city of Everett (House, No. 4289); and

Authorizing the town of Westport to establish a preservation trust fund (House, No. 4542);

Were severally read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

A Bill authorizing the town of Westport to make an appeal to the appellate tax board (printed in House, No. 4324,— 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. Brewer, and the bill was read a second time.

Ms. Menard presented an amendment, in section 1, by striking out the word “less”, in line 10, and inserting in place thereof the following word:— “more”.

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.

Petition.

On motion of Mr. Moore, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Moore (accompanied by bill) of Richard T. Moore, Stanley C. Rosenberg, Harriett L. Stanley, Daniel E. Bosley and other members of the General Court for legislation to protect the public health of the Commonwealth from bio-terrorism, other forms of terrorism and activities related to terrorism,— and the same was referred to the committee on Health Care.

Sent to the House for concurrence.

Recess.

There being no objection, at twenty-eight minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at eight minutes past twelve o’clock noon, the Senate reassembled, Mr. Rosenberg in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.

A Bill making certain appropriations for the fiscal year ending June 30, 2002, before final action on the General Appropriation Bill for that fiscal year (House, No. 4597,— 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. 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.

Engrossed Bill.

An engrossed Bill relative to the charter of the city known as the town of Watertown (see House, No. 4478, 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.

Recess.

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

PAPER FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill making certain appropriations for the fiscal year ending June 30, 2002, before final action on the General Appropriation Bill for that fiscal year (see House, No. 4597) (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.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Tuesday 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. Tisei, at three minutes past one o’clock P.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.