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

Monday, October 22, 2001.

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

Communications.

The following communications were severally placed on file:

Communication from James Kelleher, Assistant Superintendent, Hampden County, submitting a plan of action letter in response to the inspection of the Western Massachusetts Correctional Alcohol Center (received Thursday, October 4, 2001); and

Communication from the Board of Higher Education submitting a copy of its request for appropriations (received Friday, October 12, 2001) .

Reports.

The following reports were severally read and placed on file:

A report of the Director of the Biological Laboratories of the University of Massachusetts (under the provisions of Section 43(f) of Chapter 75 of the General Laws) submitting its fifth annual report of the activities of said biological laboratories (received Monday, October 1, 2001);

A report of the Group Insurance Commission (under the provisions of Section 20 of Chapter 32A of the General Laws) submitting its annual report on vendor quality improvement activities (received Monday, October 1, 2001);

A report of the Division of Energy Resources (under the provisions of Section 332 of Chapter 164 of the Acts of 1997) submitting the results of a study concerning the feasibility of creating a process of awarding certified renewable energy credits to renewable energy generators or retail suppliers (received Tuesday, October 2, 2001);

A report of the Office of the Attorney General (under the provisions of Section 93 of Chapter 236 of the Acts of 2000) submitting a copy of the Springfield Health Care Market report (received Wednesday, October 3, 2001);

A report of the Public Employee Retirement Administration Commission (under the provisions of Chapter 32 of the General Laws) submitting a copy of the Commonwealth’s Total Pension Obligation (received Thursday, October 4, 2001);

A report of the Merrimack Valley Regional Authority (under the provisions of Chapter 161B of the General Laws) submitting its annual report for fiscal year 2001 (received Tuesday, October 9, 2001);

A report of the Department of Environmental Management (pursuant to 313 CMR 4.06(3)) submitting a copy of its approval of construction of the proposed Witch Pond Wells in Foxborough (received Tuesday, October 9, 2001);

A report of the Joint Labor Management Committee for Municipal Police and Fire (under clause (a) of subdivision 3 of Section 1 of Chapter 589 of the Acts of 1987) submitting its annual report (received Thursday, October 18, 2001); and

A report of the Massachusetts Convention Center Authority (under the provisions of Section 5(l) of Chapter 152 of the Acts of 1997) submitting its quarterly report of the status of the Boston Convention and Exhibition Center Project (received Friday, October 19, 2001).

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

A report of the Bureau of Special Investigations (under the provisions of Section 11(8) of Chapter 14 of the General Laws) submitting its report for the month of August 2001 (received Tuesday, October 2, 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 Hampden County Correctional Center (received Monday, October 15, 2001).

Petitions.

Petitions were presented and referred, as follows:

By Mr. Glodis (by request), a petition (subject to Joint Rule 12) of Norman Tyrrell for legislation to expand the patient’s bill of rights to include dental services;

By Mr. Nuciforo, a petition (subject to Joint Rule 12) of Andrea F. Nuciforo, Jr. and Shaun P. Kelly for legislation relative to penalties imposed for the disposal of foreign material on facilities and properties under the jurisdiction of the Department of Environmental Management and other open space lands; and

By Mr. Travaglini, a petition (subject to Joint Rule 12) of Robert E. Travaglini, Edward J. Clancy, Jr., Anthony Petruccelli and Salvatore F. DiMasi for legislation to clarify the tax status of pilot boats, so-called;
Severally, under Senate Rule 20, to the conunittees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Mr. Brewer, for the committee on Public Safety, on Senate, Nos. 2008, 2009, 2010 and 2088, an Order relative to authorizing the joint committee on Public Safety to make an investigation and study of certain current Senate documents relative to miscellaneous public safety issues (Senate, No. 2143);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Brewer, for the committee on Public Safety, on petition, a Bill providing for an inquiry into the safety of low pressure boilers (Senate, No. 2011, changed in line 16 by striking out the following words:— “January 1, 2002.” and inserting in place thereof the following words:— “six months from the effective date of this act.”);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

PAPERS FROM THE HOUSE.

Bills

Relative to the disposition of certain property in the city of Lowell (printed as Senate, No. 1599, amended,— on petition);

Relative to handicapped stickers for motorcycle license plates (House, No. 4099,— on Senate, Nos. 1160 and 1166 and House, Nos. 496, 865 and 1082);

Establishing a victims of drunk driving trust fund (House, No. 4601, amended,— on House, No. 2028);

Authorizing leaves of absence for certain employees participating in Red Cross emergencies (House, No. 4602,— on House, No. 2405);

Establishing new sentencing guidelines (House, No. 4642, printed as amended,— on House, Nos. 3497 and 4136); and

Relative to health care carriers (House, No. 4676,— on House, No. 4214, changed);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Relative to speed limits in cities and towns (House, No. 4318, amended,— on Senate, Nos. 1188 and 1291 and House, Nos. 3396, 3592, 3797, 3811, 3882 and 4092); and

Relative to labeling of certain food products and dietary supplements (House, No. 4353,— on House, No. 1157);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills

Authorizing the town of Needham to issue licenses to certain establishments for the sales of wines and malt beverages to be drunk on the premises of restaurants with a seating capacity of less than 100 persons (House, No. 3921,— on petition) [Local approval received];

Authorizing the town of Needham to establish a special fund (House, No. 4009,— on petition) [Local approval received];

Authorizing the town of Mashpee to issue additional licenses for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4234,— on petition) [Local approval received];

Authorizing the town of Mashpee to convey certain conservation land (House, No. 4299,— on petition)[Local approval received];

Authorizing the town of Mashpee to lease or grant an easement in certain land (House, No. 4300,— on petition) [Local approval received];

Relative to the liability insurance fund in the town of Brookline (House, No. 4302,— on petition) [Local approval received]; and

Relative to parking violations in the town of Brookline (House, No. 4304,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

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

Resolutions (filed by Mr. Brewer) “in recognition of the one hundred and twenty-fifth anniversary of the dedication of Saint Mary’s Church”;

Resolutions (filed by Messrs. Knapik, Brewer and Clancy, Ms. Fargo, Mr. Glodis, Ms. Jacques, Mr. Magnani, Ms. Melconian, Mr. Moore, Ms. Murray, Messrs. Nuciforo, O’Leary, Pacheco, Rosenberg, Tarr and Tisei and Ms. Tucker) “on the celebration of the National Polish-American Heritage Month”; and

Resolutions (filed by Mrs. Sprague) “honoring Alexander L. Spier and Sonja R. Spier on the occasion of their Golden Wedding Anniversary.”

PAPERS FROM THE HOUSE.

A Bill relative to voting precincts in the town of Ludlow (printed in House, No. 4518, changed,— being a message from Her Honor the Lieutenant-Governor, Acting Governor),— was read.
There being no objection, the rules were suspended, on motion of Ms. Fargo, 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 Bills.

An engrossed Bill relative to the net school spending of the Southern Worcester County Regional Vocational School District (see House Bill, printed as Senate, No. 1864) (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.

The following engrossed bills (both 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, two-thirds of the members present having voted in the affirmative, and were signed by the President and laid before the Acting Governor for her approbation, to wit:

Validating action taken at the town election held in the town of Buckland (see House Bill, printed in House, No. 4341); and

Validating the action taken at the annual town election held in the town of Duxbury (see House Bill, printed in House, No. 4492).

Recess.

There being no objection, at eight minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and, at two minutes before five o’clock P.M., the Senate reassembled, 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).

PAPER 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. 4668,— 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. 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.

Recess.

There being no objection, at one minute before five o’clock P.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at twenty-one minutes past five o’clock P.M., the Senate reassembled, Ms. Melconian 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 Bill, printed in House, No. 4668) (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.

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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. Hedlund, at twenty-two minutes past five o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.