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

JOURNAL OF THE SENATE.

Thursday, December 12, 2002.

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

Distinguished Guests.

There being no objection, the President introduced, seated in the rear of the Chamber, Jessica Remington and Joseph McGrath, high school students from Cape Cod. Jessica and Joseph were chosen to represent the United States at the Children’s World Earth Summit, held in conjunction with the United Nations World Summit on Sustainable Development in Soweto, South Africa. They are founding members of the Jane Goodall Institute’s “Roots and Shoots” program at their respective high schools and were chosen as delegates to the Children’s Earth summit based on their commitment to environmental causes and their demonstrated leadership abilities. They were the guests of Senator O’Leary.

There being no objection, the President introduced, seated at the rear of the Chamber, representatives of the Everett High School Football Team and the Everett High School cheerleading squad. The football team won the Division 1 Eastern Massachusetts Super Bowl for 2002. They have won back-to-back Super Bowls and 4 of the last 6 Division 1 Eastern Massachusetts Super Bowls. The squads were accompanied by Mike Milo, assistant football coach, and Jamie Rayo, Assistant Cheerleading coach. They were the guests of the Senate President.

There being no objection, the President introduced, seated in the Senate gallery, students from the East Middle School, Braintree, Sail Program. They were accompanied by their teacher, Liza Frankel, and other chaperones. They were the guests of Senator Morrissey.

PAPERS FROM THE HOUSE.

Bills

Relative to infectious diseases (House, No. 4925,— on House, No. 1672); and

Establishing a sick leave bank for Colleen McDonald, an employee of the Trial Court of the Commonwealth (House, No. 5353,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to fraudulent statements made in insurance applications (House, No. 4707,— on House, No. 1035),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill changing a part of the harbor line on the Merrimack River along the waterfront of the city of Haverhill (House, No. 5081,— on petition)[Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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:

Providing for recall elections in the town of Newbury (see House, No.. 4288, changed);

Authorizing the town of Mendon to charge senior residents a reduced trash fee (see House, No. 4757);

Relative to certain firearm fees (see House, No. 5018);

Relative to the effective date of certain civil service laws in the town of Plainville (see House, No. 5244); and

Authorizing the town of Winchester to borrow certain funds (see House, No. 5313).

Resolutions.

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

Resolutions (filed by Mr. O’Leary) “recognizing the Children’s Earth Summit Declaration and the Young People’s Decade of Commitment”;

Resolutions (filed by Mr. Pacheco) “congratulating Raymond Rose on the occasion of his retirement”; and

Resolutions (filed by Ms. Resor) “congratulating John Joseph ‘Jake’ Hagan on the occasion of his retirement from the Littleton Police Department.”

At the request of the President, the Clerk read the text of “Resolutions congratulating the Everett High School Crimson Tide Football Team on winning the Division I, Massachusetts Interscholastic Athletic Association Eastern Massachusetts championship” (filed by Senator Birmingham), which were considered forthwith and adopted.

Bill Recalled from the Acting Governor

Laid before the Senate.

On motion of Mr. O’Leary, it was voted that a messenger be appointed to wait upon Her Honor the Lieutenant-Governor, Acting Governor, requesting the return to the Senate of the engrossed Bill relative to the Massachusetts veterans shelter in the city of Worcester (see Senate, No. 2150, amended).

Mr. O’Leary was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.

There being no objection, on motion of Mr. O’Leary, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.

On motion of the same Senator, Senate Rule 49 was suspended.

Mr. Glodis moved that the bill be amended in section 2, in the last sentence of the first paragraph, by striking out the words “state of” and inserting in place thereof the following words: “state or”
This amendment was adopted.
Sent to the House for concurrence in the amendment.

Petition.

On motion of Ms. Fargo, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Brewer, (accompanied by bill) of Stephen M. Brewer, Anne M. Gobi (by vote of the town) establishing a capital investment fund in the town of Phillipston [Local approval received],— and the same was referred to the committee on Local Affairs.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A Bill relative to the interest rate and the gross receipts of those taxpayers granted an exemption on taxes on real estate in the town of Wellesley (House, No. 5166,— on petition) [Local approval received],— 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.

A Bill changing the boundary line between Boxford and North Andover (House, No. 5390,— on House, No. 5345),— 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.

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to certain group life and health insurance (printed as Senate, No. 748, amended),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, 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 relative to certain group life insurance.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill amending the Upper Blackstone Water Pollution Abatement District relative to voting by members of the board to provide for weighted voting by board members from the city of Worcester, the buy-in costs for new members of the district and certain other matters concerning said district (Senate, No. 1064),— ought to pass, with an amendment, substituting a new draft entitled “An Act amending the Upper Blackstone Water Pollution Abatement District” (Senate, No. 2500) .
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2500) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill authorizing Barnstable County to make loans for the repair, replacement and upgrade of septic systems (Senate, No. 2282, changed),— ought to pass, with an amendment, striking out section 4 and inserting in place thereof the following 2 sections:—

“SECTION 4. Notwithstanding section 127B of chapter 111 of the General Laws and section 13 of chapter 80 of the General Laws to the contrary, any betterment agreement made by Barnstable county with owners of structures for human habitation for the repair, replacement or upgrade of septic systems under said section 127B may bear interest at a rate of 0 per cent per annum.

SECTION 5. This act shall take effect upon its passage.”.
There being no objection, the rules were suspended, on motion of Mr. O’Leary, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2282, changed and amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Montigny, for the committee on Ways and Means, on petition (accompanied by bill, Senate, No. 2416), a Bill relative to borrowing by the Pioneer Valley Regional School District (Senate, No. 2501).
The bill 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.
Sent to the House for concurrence.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill establishing a citizens advisory board on uses of the Rumney Marsh Area (House, No. 1877),— ought to pass, with an amendment, in section 2, by inserting after the words “Marsh, Inc.,”, in line 5, the following words:— “a representative of the Friends of Belle Isle Marsh, Inc.,”.
There being no objection, 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, 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.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the city of Worcester to lease a certain building for courthouse use (House, No. 4966, amended),— ought to pass, with an amendment, in section 2, by striking out, in line 5, the word “mayor” and inserting in place thereof the following words:— “city manager”.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, 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, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to veteran’s agents and veterans’ benefits (House, No. 5216),— ought to pass, with an amendment striking out, in section 3, the words “Any person aggrieved by a decision of the commissioner’s operations division or by the failure of a city, town or district to render adequate veterans’ benefits or to approve or reject an application for veterans’ benefits within 3 days of receiving an application, or aggrieved by the withdrawal of such benefits shall have the right to appeal to the commissioner’s” and inserting in place thereof the following words: “Any person aggrieved by the failure of a city, town or district to render adequate veterans’ benefits or any person aggrieved by the failure of a city, town or district to approve or reject an application for veterans’ benefits within 3 days of receiving an application or any person aggrieved by a city, town or district’s withdrawal of veterans’ benefits may seek review by the commissioner. Any person aggrieved by a decision of the commissioner may appeal to the”.
There being no objection, the rules were suspended, on motion of Mr. O’Leary, 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, read a third time and passed to be engrossed, in concurrence, with the amendment, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act relative to veterans’ agents and veterans’ benefits.”
Sent to the House for concurrence in the amendment.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Ashfield (House, No. 5217),— ought to pass.
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.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill providing for increased organ donations through education and access (House, No. 5246),— ought to pass, with an amendment, in section 1, by striking out, in lines 9 and 10, the words “the death of the donor” and inserting in place thereof the following words:— “after referral of the potential donor by a hospital, critical access hospital or medical examiner to an organ procurement organization in accordance with federal regulations”.
There being no objection, 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, 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.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Kevin J. Welch, an employee of the Trial Court of the Commonwealth (House, No. 5333),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Pacheco, 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.

The House Bill relative to nuclear power plants (House, No. 4913),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2456, with a further amendment adding at the end thereof the following sentence: “A change in federal law with respect to funding the potassium iodide tablets shall in no event result in a liability to the commonwealth.”
The rules were suspended, on motion of Mr. Tisei, and the further House amendment was considered forthwith and adopted, in concurrence.

Order Adopted.

On motion of Mr. Morrissey,—

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. Tisei, at twenty-four minutes before twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.