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

Wednesday, November 27, 2002.

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

 

Petition.

Mr. Glodis presented a petition (subject to Joint Rule 12) of Guy W. Glodis for legislation relative to the Department of Correction’s use of segregation units for non-disciplinary purposes,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

A Bill relative to the donation of bone marrow by certain minors (House, No. 4970,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill relative to the sounding of certain warning devices in the town of Concord (House, No. 4226,— on petition) [Local approval received], was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A communication from the Department of Revenue submitting notice of proposed changes in fees charged by the Underground Storage Tank Board (under the provisions of Section 2 of Chapter 21J of the General Laws) for the delivery of petroleum products (House, No. 5378),— was referred, in concurrence, to the committee on Natural Resources and Agriculture.

Resolutions.

At the request of the President, the Clerk read the text of “Resolutions (filed by Mr. Shannon) congratulating Rosalie Indelicato on the occasion of her ninetieth birthday.”

 

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill further regulating the granting of temporary licenses for the sale of wine at certain auctions (see Senate, No. 2489), 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 President and sent to the House for enactment.

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 the concurrent jurisdiction of the Land Court (see House, No. 1989, changed and amended);

Authorizing the city of Lowell to place municipal charge liens on certain properties in the city of Lowell for nonpayment of any local charges, fee or fine (see House, No. 4022);

Authorizing the deferral of certain sewer betterments in the town of Marion (see House, No. 5114); and

Relative to the civil service status of the positions of director of police services and director of fire services in the town of Arlington (see House, No. 5233, amended).

Petition.

On motion of Mr. Tolman, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Tucker, (accompanied by bill) of Patrick J. Blanchette and others (with the approval of the mayor and city council) for legislation to exempt the debt of the city of Lawrence for certain approved school projects from the statutory limit,— and the same was referred to the committee on Local Affairs.

Sent to the House for concurrence.

 

Bill Previously Recalled from the Acting Governor
Laid Before the Senate.

The engrossed Bill relative to betterment assessments for sewerage facilities in the town of Millbury (House, No. 1507) 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.
On motion of Mr. Tarr, the engrossed bill was referred to the Senate committee on Bills in the Third Reading.
Subsequently, Mr. Shannon, for the said committee on Bills in the Third Reading, to whom was referred said bill and to whom was referred the vote of the special town meeting of the town of Millbury, dated November 19, 2002, authorizing a petition to the General Court to adopt such legislation, reported, that this local approval is sufficient under clause (1) of section 8 of Article II, as appearing in Article LXXXIX, of the Amendments to the Constitution and recommending that the Senate therefore return the bill to the Acting Governor for her approbation.
The report was accepted.
Mr. Tarr then requested unanimous consent that the Senate reconsider the vote by which, at a previous session, it had passed the bill to be enacted. There being objection, the bill was again laid before the Acting Governor for her approbation.

 

PAPERS FROM THE HOUSE.

Engrossed Bill — Amended.

An engrossed Bill relative to state highways in Barnstable County (see House, No. 4737, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was put upon its final passage.
Pending the question on passing the bill to be enacted, on motion of Mr. Tarr, Senate Rule 49 was suspended.
Mr. O’Leary presented an amendment to the engrossed bill in section 1, by striking out, in the first sentence, the words “before any initial” and inserting in place thereof the following words:— “during the 25 per cent”.
The amendment was adopted.
Sent to the House for concurrence in the amendment.

 

A Bill relative to the charter of the town of Plymouth (House, No. 5253,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill authorizing the appointment of Alcino Fernandes as a police officer in the town of Milford (House, No. 5346,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

 

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 House Bill exempting the position of chief of police in the town of Carver from the civil service law (House, No. 5256),— was read a third time and passed to be engrossed, on concurrence.

 

PAPER FROM THE HOUSE.

Engrossed Bill — Laid Aside.

An engrossed Bill authorizing the town of Hingham to grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 5358) (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, but objection was made thereto by Mr. Tolman, and the engrossed bill was laid aside.

 

Order Adopted.

On motion of Mr. Tolman,—

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 eighteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.