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
Tuesday, October 30, 2001.

Met at eleven minutes past eleven o’clock A.M. (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).

 

Petition.

Ms. Creem presented a petition (subject to Joint Rule 12) of Cynthia S. Creem, Linda J. Melconian, David P. Magnani, Dianne Wilkerson and other members of the General Court for legislation relative to the taxation of income in the Commonwealth,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.  

Reports of Committees.

By Mr. Moore, for the committee on Health Care, on Senate, No. 548 and House, Nos. 1763, 2906, 3027 and 3293, an Order relative to authorizing and directing the joint committee on Health Care to make an investigation and study of certain current Senate and House documents relative to health care reimbursements (Senate, No. 2148);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

 

By Mr. Glodis, for the committee on Election Laws, on the recommitted petition (accompanied by bill, Senate, No. 347), a Bill relative to voting list access (Senate, No. 2146);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

Committee Change.

The Chair (Ms. Melconian) announced the resignation of Senator Moore of Worcester and Norfolk as a member of the committee on Bills in the Third Reading and the appointment of Senator Rosenberg of Hampshire and Franklin to fill the vacancy.

 

Resolutions.

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

Resolutions (filed by Mr. Pacheco and Ms. Menard) “congratulating Dr. Gerald A. Croteau upon his retirement as Superintendent of the Taunton Public Schools.”

 

PAPERS FROM THE HOUSE.
Engrossed Bills.

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 and were signed by the Acting President and laid before the Acting Governor for her approbation, to wit:

Relative to a certain alcoholic beverage license in the town of Westborough (see House, No. 4143); and

Authorizing the town of Belmont to establish a senior center furnishings and accessories and operations fund (see House, No. 4206).

An engrossed Bill authorizing the town of Westport to make an appeal to the appellate tax board (see House Bill, printed in House, No. 4324, 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, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President and laid before the Acting Governor for her approbation.

 

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:

The Senate Bill relative to the safety of operators of Massachusetts Bay Transportation Authority transit vehicles (Senate, No. 1215),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Clancy moved that the bill be amended by substituting a new draft entitled “An Act relative to the safety of certain Massachusetts Bay Transportation Authority employees” (Senate, No. 2149).
This amendment was adopted.
The bill (Senate, No. 2149) was then further considered. On motion of Mr. Rosenberg, the further consideration thereof was postponed until the next session.
 

Recess.

There being no objection, at eighteen minutes past eleven o’clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at twenty-nine minutes before three o’clock P.M., 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).

Report.

A report of the joint special committee established (under House Order No. 4220 of 1999 and continued by House Order No. 3901 of 2001) to make an investigation and study of a new division of the Commonwealth into Congressional districts, forty Senatorial districts, eight Executive Councillor districts and one hundred and sixty Representative districts (Senate, No. 2147) (received in the office of the Clerk of the Senate on Tuesday, October 30, 2001),— was referred to the committee on Rules.
Subsequently, Ms. Menard, for the said committee on Rules, reported, recommending a “Bill establishing Executive Councillor and Senatorial districts” (printed in Senate, No. 2147),— ought to pass.
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and ordered to a third reading.  

PAPER FROM THE HOUSE.

A Bill relative to establishing Representative districts in the General Court (House, No. 4701, printed as amended,— on House, No. 4700, Appendix A),— was read.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and ordered to a third reading. 

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to unemployment insurance rates (House, No. 4531),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2151; and by striking out before the enacting clause the emergency preamble (inserted by the House) and inserting in place thereof the following emergency preamble:

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to reduce unemployment insurance rates beginning January 1, 2002, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
The rules were suspended, on motion of Ms. Chandler, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading.  

Order Adopted.

Ms. Menard presented the following order, to wit:

Ordered, That full consideration shall be allowed by the Senate on Thursday, November 1, 2001, on Senate, No. 2147, relative to Executive Councillor and Senatorial redistricting, House, No. 4701, An Act establishing Representative districts in the General Court and House, No. 4531, An Act relative to unemployment insurance rates. All amendments to said bills must be filed with the Clerk of the Senate no later than one o’clock P.M. on Wednesday, October 31.
The order was considered forthwith; and, there being no objection, it was adopted.  

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill to improve local access to housing courts (Senate, No. 976),— ought to pass, with an amendment, in section 1, by striking out, in line 5, the words “Hampden county” and inserting in place thereof the following:— “Berkshire, Franklin, Hampden and Hampshire counties.”
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. 976, amended) was then ordered to a third reading.
 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Marilyn Anufrom, an employee of the Wrentham Development Center (Senate, No. 1861),— ought to pass, with an amendment, in line 2, by striking out the words “Wrentham Development Center” and inserting in place thereof the following words:— “Department of Mental Retardation”; and inserting at the end thereof the following sentence:— “Whenever Marilyn Anufrom terminates employment with the Department of Mental Retardation or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the department’s extended illness leave bank.”.
The rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 1861, amended) was then ordered to a third reading.
 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to the one trial system for civil cases in certain counties (Senate, No. 1937),— ought to pass.
The rules were suspended, on motion of Mr. Moore, and the bill was read a second time and ordered to a third reading. 

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to the Massachusetts veterans shelter in the city of Worcester (Senate, No. 1940),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2150).
The rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2150) was then ordered to a third reading.
 

By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the transfer of a certain parcel of land in the town of North Reading (House, No. 356),— ought to pass, with an amendment, inserting in section 1, in line 5, after the words “parcel of land,” the following:— “currently used for open space, forest and recreation purposes,”; in section 3, in line 8, by striking out the words “division of capital asset management and maintenance” and inserting in place thereof the following:— “Commonwealth in the care and control of the department of environmental management”; and in section 4, in line 2, by striking out the words “General Fund of the Commonwealth,” and inserting in place thereof the following:— “Conservation Trust established pursuant to section 1 of chapter 132A of the General Laws.”.
The rules were suspended, on motion of Mr. Knapik, and, pending the main question on passing the bill to be engrossed, the amendment, previously recommended by the committee on Ways and Means, was considered; and it was adopted.
On further motion of Mr. Knapik, further consideration of the matter was postponed until the next session.
 

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 relative to the witchcraft trial of 1692 (House, No. 2752).
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.

 

PAPER FROM THE HOUSE.

A Bill relative to extending simulcast wagering of horse and dog racing (House, No. 4697,— 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. 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 extending simulcast wagering of horse and dog racing.”  

Petition.

On motion of Ms. Chandler, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Panagiotakos (accompanied by bill) of Steven C. Panagiotakos, Kevin J. Murphy, Thomas A. Golden, Jr. and David M. Nangle (with the approval of the city council) for legislation to further regulate the Julian D. Steele public housing development in the city of Lowell [Local approval received],— and the same was referred to the committee on Housing and Urban Development.

Sent to the House for concurrence.

 

Recess.

There being no objection, at eleven minutes before three o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at a half past three o’clock P.M., the Senate reassembled, Mr. Rosenberg in the Chair.

 

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill extending simulcast wagering of horse and dog racing (see House Bill, printed in House, No. 4697), 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 (Mr. Rosenberg) and sent to the House for enactment. 

Engrossed Bills.

The following engrossed bills (the first 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 Acting President (Mr. Rosenberg) and laid before the Acting Governor for her approbation, to wit:

Relative to municipal light plant contracts (see Senate, No. 421);

Relative to the witchcraft trial of 1692 (see House, No. 2752); and

Extending simulcast wagering of horse and dog racing (see House Bill, printed in House, No. 4697).

Committee Change.

The Chair (Mr. Rosenberg) announced the resignation of Senator Rosenberg of Hampshire and Franklin as a member of the committee on Bills in the Third Reading and the reappointment of Senator Moore of Worcester and Norfolk thereto.

Order Adopted.

On motion of Ms. Tucker,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday at one o’clock P.M.

On motion of Ms. Tucker, at seventeen minutes before four o’clock P.M., the Senate adjourned to meet on the following Thursday at one o’clock P.M.