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, November 5, 2001.

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

Reports of Committees.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on Senate, Nos. 228, 229, 247, 288, 310, 317, 320, 332, 333, 334 and 335, an Order relative to authorizing the joint committee on Education, Arts and Humanities to make an investigation and study of certain current Senate documents relative to special education in the Commonwealth (Senate, No. 2171); and

By Mr. Joyce, for the committee on Public Service, on Senate, Nos. 129, 132, 1510 and 1516, an Order relative to authorizing and directing the joint committee on Public Service to make an investigation and study of certain current Senate documents relative to labor and retirement (Senate, No. 2167);
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on petition, a Bill relative to special education in the Commonwealth (Senate, No. 230);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 227), a Bill providing attorneys to represent certain children with disabilities (Senate, No. 2168);

By the same Senator, for the same committee, on the recommitted petition (accompanied by bill, Senate, No. 329), a Bill to establish a program of instruction of the flag of the United States (Senate, No. 2169); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 2152), a Bill relative to teacher certification in the Commonwealth (Senate, No. 2170);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Mr. Brewer, for the committee on Steering and Policy, reported that the following matters be placed in the Orders of the Day for the next session:

The Senate bills

To notify lessees of vehicles of any motor vehicle excise tax (Senate, No. 1654);

Relative to the assessment of local taxes of resident owners of cooperative housing corporations (Senate, No. 1753);

Authorizing the Board of Registration of Dieticians and Nutritionists to issue a certain license (Senate, No. 2130);

Further regulating the use of crossbows in the Commonwealth (Senate, No. 2162); and

The House Bill relative to speed limits in cities and towns (House, No. 4318, amended).

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 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),— and recommending that the same be referred to the Senate committee on Rules.
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. 4704) of Charles A. Murphy and Robert A. Havern (by vote of the town) relative to town meeting members in the town of Burlington.
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4705) of Charles A. Murphy and Robert A. Havern (by vote of the town) relative to certain tax exempt properties in the town of Burlington.
To the committee on Taxation.

A Bill validating the proceedings at the annual town election in the town of North Attleborough (House, No. 4287,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Insurance, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4576) of J. Michael Ruane, John P. Slattery and Frederick E. Berry relative to providing insurance coverage for prosthetic devices for certain individuals and patients, and recommending that the same be referred to the Senate committee on Ways and Means,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.

Resolutions.

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

Resolutions (filed by Messrs. Birmingham, Havern, Tolman and Travaglini) “honoring Julia Child”;

Resolutions (filed by Mr. Lees) “on the retirement of Robert W. Clarke”; and

Resolutions (filed by Mr. Moore) “honoring Ann Marino as Massachusetts School Nurse of the Year.”

Order Adopted.

Mr. Rosenberg 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 Stephen F. Lynch as senator from the First Suffolk district, the office of senator from the First Suffolk 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 February 12, 2002 as the day for holding an election to fill the vacancy in the First Suffolk district, comprising the Boston harbor islands, ward 1, precinct 15; ward 3, precincts 7 and 8; ward, 5, precincts 1, 3 and 6 to 10, inclusive; wards 6, 7 and 8; ward 9, precincts 1, 2 and 3; wards 13 and 15; ward 16, precincts 1 and 2; ward 17, precincts 1 and 2; and ward 21, precincts 1 to 4, inclusive, in the city of Boston, in the county of Suffolk.
There being no objection, the order was considered forthwith and adopted.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

 

November 2, 2001.
Mr. Patrick F. Scanlan, Clerk
Massachusetts State Senate
State House, Room 335
Boston, Massachusetts 02133

Dear Mr. Clerk:

On Thursday, November 1st, I was away from the State House, due to a scheduling conflict, and I was therefore unable to be present for roll call votes taken on the following items:

An Act Relative to Unemployment Insurance Rates (H. 4531)

An Act Authorizing the Town of Mashpee to Lease or Grant an Easement in Certain Land (H. 4300)

Had I been present, I would have voted in the affirmative on both of these matters.

I would appreciate your assistance with the printing of this communication in the Senate Journal. Thank you in advance for your help with this request.

Sincerely,

ROBERT E. TRAVAGLINI,
Senate Majority Whip.

On motion of Ms. Chandler, the above statement was ordered printed in the Journal of the Senate.

Bill Previously Recalled from the Acting Governor

Laid Before the Senate.

The engrossed Bill validating the proceedings of the annual town election in the town of Hampden (see House, No. 4223) which, at a previous session, had been returned by Her Honor the Lieutenant-Governor-Acting Governor, at the request of the Senate,— was laid before the Senate.

Mr. Knapik asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it had passed the bill to be enacted; but objection was made thereto.
The bill, having previously been signed by the President, was again laid before the Acting Governor for her approbation.

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 authorizing the town of Milton to transfer land to the Milton school department (Senate, No. 2098),— was read a third time and passed to be engrossed.

Sent to the House for concurrence.

The Senate Bill providing for the appointment of the Development and Industrial Commission (Senate, No. 2135),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act relative to the Development and Industrial Commission of the town of Oxford”.

Sent to the House for concurrence.

The Senate Bill establishing an elected water and sewer commission in the town of Charlton (Senate, No. 2138),— 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.

The House Bill authorizing the park commissioners of the town of Rochester to change the use of a certain parcel of municipal land (House, No. 855),— was read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the conveyance of a certain parcel of land in the town of Duxbury (House No. 4297),— 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 authorizing the town of Burlington lease certain conservation land (House, No. 4649,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Travaglini, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Petitions.

On motion of Ms. Melconian, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Shannon (accompanied by bill) of Charles E. Shannon, Pamela P. Resor, Paul J. Donato, Carol A. Donovan and other members of the General Court for legislation to further define the child support collection process,— and the same was referred to the committee on the Judiciary.

On motion of Mr. Travaglini, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Shannon (accompanied by bill) of Charles E. Shannon, Vincent P. Ciampa, Paul J. Donato, Richard T. Moore and other members of the General Court for legislation to require warning labels at state reservations, parks and forests of the potential health risks from exposure to chromated copper arsenate,— and the same was referred to the committee on Natural Resources and Agriculture.

Severally sent to the House for concurrence.

Report 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 Marc R. Pacheco, Thomas J. O’Brien and William M. Straus for legislation to allow the Department of Highways to construct or implement any project or road widening at the intersection of South Main Street and Route 28 in Middleborough.
Senate Rule 36 was suspended, on motion of Ms. Murray, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.

Sent to the House for concurrence.

Order Adopted.

On motion of Ms. Melconian,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

 

Adjournment in Memory of Former Congressman
Edward P. Boland.    

   Senators Melconian, Rosenberg, Lees, Knapik, Brewer and Nuciforo moved that when the Senate adjourns today, it adjourn in memory of former Springfield Congressman Edward P. Boland who died last night at the age of 90. Congressman Boland served 18 terms on Capitol Hill, where he served as a member of the House appropriations committee and as chair of the House intelligence committee. He was one of the finest public servants Massachusetts ever produced. He was the epitome of integrity, patriotism, hard work and competence. The “Boland Amendment” has gone down in the annals of American history to reaffirm the constitutional balance of power between the executive and legislative branches of government and has reasserted the role of Congress in America’s foreign policy. Congressman Boland was a loving and caring man who devoted his life to his family and his district. The Massachusetts Senate extends its deepest sympathies to his wife, Mary, and their four children. The motion prevailed.

Accordingly, as a mark of respect to the memory of Congressman Edward P. Boland, at twenty minutes past eleven o’clock A.M., on motion of Mr. Hedlund, the Senate adjourned to meet again on the following Wednesday at eleven o’clock A.M.