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

Friday, December 21, 2001.

Met at eight minutes past eleven o'clock A.M. (Mr. Pacheco in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Reports of a Committee.

By Mr. Glodis, for the committee on Public Safety, on petition (accompanied by bill, Senate, No. 2193), a Bill relative to open trenches and construction safety (Senate, No. 2208);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.  

By Mr. Glodis, for the committee on Public Safety, on the recommitted petition, a Bill relative to the issuance of firearm licenses to environmental police officers (Senate, No. 1222);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.  

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 Resolve providing for an investigation and study by a special commission relative to dairy farming in the Commonwealth (Senate, No. 2182),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.  

Ms. Menard, for the committee on Rules, to whom was referred

The Senate Order relative to authorizing the joint committee on Public Service to sit during the recess of the General Court for the purpose of making an investigation and study of certain current Senate documents relative to extraordinary death benefits (Senate, No. 2038), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 1471) of Stanley C. Rosenberg for legislation to direct the State Retirement Board to retire a police officer in the city of Holyoke; and

The Senate Order relative to authorizing the joint committee on Public Service to make an investigation and study of certain current Senate documents relative to public employment retirement (Senate, No. 2127), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 2016) of Linda J. Melconian and Daniel F. Keenan for legislation to provide creditable service for certain public officials;

And recommending that the same severally be recommitted to the committee on Public Service.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.  

Papers from the House.

A petition (accompanied by bill, House, No. 4820) of Eugene L. O’Flaherty (with the approval of the city council) relative to amending the charter of the city of Chelsea,— was referred, in concurrence, to the committee on Local Affairs.  

A Bill relative to credit counseling services (House, No. 579,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Petition.

On motion of Mr. Moore, Senate Rule 20 and Joint Rule 12 were suspended, on the petition, presented by Mr. Travaglini (accompanied by bill) of Robert E. Travaglini and Salvatore F. DiMasi for legislation to designate the Charles/MGH Station as the Dr. Thomas S. Durant/MGH Station,— and the same was referred to the committee on Transportation.

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 Stephen M. Brewer, Stephen Kulik and John F. Merrigan (by vote of the town) for legislation relative to the position of Deputy Fire Chief in the town of Athol [Local approval received].

Senate Rule 36 was suspended, on motion of Mr. Moore, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

Sent to the House for 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 relative to the salary of the mayor of the city of Medford (House, No. 4740),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.  

Papers from the House.

Engrossed Bills.

The following engrossed bills (the first three 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 and laid before the Acting Governor for her approbation, to wit:

Relative to the water supply of the city of Brockton (see Senate, No. 1848);

Relative to the Amherst town government (see Senate, No. 1855, amended);

Authorizing the town of East Bridgewater to issue an additional license for the sale of all alcoholic beverages to be drunk on the premises (see Senate, No. 2175);

Relative to certain subdivisions of land in the city of Gloucester (see House, No. 490, amended);

Providing for civil service commission review of state police disciplinary proceedings (see House, No. 1808);

Designating the conference room in the Allied Veterans Memorial Rink in Everett as the Michael V. Fonzi Memorial Room (see House, No. 4269);

Authorizing the town of Tyngsborough to issue 2 additional licenses for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4660); and

Authorizing the change of use of a certain parcel of land in the town of Billerica (see House, No. 4747, amended).

Bill Recalled from the Acting Governor.

On motion of Mr. Moore, 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 charter of the town of Swampscott (see House, No. 4720).
Mr. Moore was appointed the messenger. Subsequently, the bill was returned to the Senate.  

Recess.

There being no objection, at fourteen minutes past eleven o'clock A.M., the Chair (Mr. Pacheco) declared a recess subject to the call of the Chair; and, at nine minutes past two o’clock P.M., the Senate reassembled. Mr. Pacheco in the Chair.

Papers from the House.

A Bill providing for an early retirement incentive program for certain state employees (House, No. 4823,— on House, No. 4767, in part),— was read.

There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time.

Mr. Montigny presented an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2209.

The amendment was adopted.
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.

A Bill providing for an early retirement incentive program for certain employees of the judiciary (House, No. 4824,— on House, No. 4767, in part),— was read.

There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time.

Mr. Montigny presented an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2210; and by striking out the title and inserting in place thereof the following title: “An Act providing for a judiciary retirement incentive program.”

The amendments were adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendments.
Sent to the House for concurrence in the amendments.  

There being no objection, at twelve minutes past two o’clock P.M., the Chair (Mr. Pacheco) declared a recess subject to the call of the Chair; and, at eight minutes past five o’clock P.M., the Senate reassembled, Mr. Pacheco in the Chair.

Papers from the House.

The House Bill providing for an early retirement incentive program for certain state employees (House, No. 4823),— 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 contained in Senate document numbered 2209, with a further amendment, striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4825.
The rules were suspended, on motion of Mr. Moore, and the House amendment was considered forthwith and adopted, in concurrence.

The House Bill providing for an early retirement incentive program for certain employees of the judiciary (House, No. 4824),— came from the House with endorsement that the House had concurred in the Senate amendments, striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2210; and by striking out the title and inserting in place thereof the following title: “An Act providing for a judiciary retirement incentive program.”, with a further amendment, striking out all after the enacting clause and inserting in place thereof the text of House document umbered 4826.
The rules were suspended, on motion of Mr. Moore, and the House amendments were considered forthwith and adopted, in concurrence.  

Recess.

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

Emergency Preambles Adopted; Engrossed Bills Enacted.

An engrossed Bill providing for a judiciary retirement incentive program (see House, No. 4824, amended), 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 3 to 0.

The bill was signed by the Acting President and sent to the House for enactment.

Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President and laid before the Acting Governor for her approbation.  

An engrossed Bill providing for an early retirement incentive program for certain state employees (see House, No. 4823, amended), 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 3 to 0.

The bill was signed by the Acting President and sent to the House for enactment.

Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President and laid before the Acting Governor for her approbation.  

Engrossed Bill.

An engrossed Bill relative to the salary of the mayor of the city of Medford (see House, No. 4740) (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. Moore,—

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.

On motion of Mr. Tarr, at two minutes before six o’clock P.M., the Senate adjourned to meet on the following Wednesday at eleven o’clock A.M.