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.

Monday, December 23, 2002.

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

Report.

A report of the Senate committee on Post Audit and Oversight (under the provisions of Section 63 of chapter 3 of the General Laws, as most recently amended by chapter 557 of the Acts of 1986) entitled: Attacking Asthma: Combating an Epidemic Among our Children (Senate, No. 2505) (received Friday, December 20, 2002),— was placed on file.

Reports of Committees.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to the safe placement of newborns and infants (House, No. 5281),— ought to pass.
Referred, under Senate Rule 26, to the committee on Steering and Policy.

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill relative to the town of Phillipston (Senate, No. 2507, changed in section 4, by striking out, in line 3, the letter “g”; and in section 6, line 4, and section 7, line 4, by striking out, in each instance, the word “or” and inserting in place thereof, in each instance, the word “and”) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

Bills

Authorizing the reinstatement of Frederick Nasson as a member in service of the state retirement system (House, No. 4985,— on House, No. 4902); and

Relative to the tastings of alcoholic beverages (House, No. 5247, amended,— on House, No. 1750);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill authorizing the town of Concord to send certain information to registered voters in the town of Concord (House, No. 5227, amended,— 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 (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 President and laid before the Acting Governor for her approbation, to wit:

Providing for the annual observance of Thomas Paine Day (see Senate, No. 1602); and

Relative to the city charter of the city of Lawrence (see House, No. 5179)

Resolutions.

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

Resolutions (filed by Mr. Pacheco) “congratulating Isabelle DeBarros on attaining her Girl Scout Gold Award”;

Resolutions (filed by Mr. Pacheco) “congratulating Alaina Driscoll on attaining her Girl Scout Gold Award”;

Resolutions (filed by Mr. Pacheco) “congratulating Sarah E. Gibson on attaining her Girl Scout Gold Award”;

Resolutions (filed by Mr. Pacheco) “congratulating Susan C. Giovanoni on attaining her Girl Scout Gold Award”; and

Resolutions (filed by Mr. Pacheco) “congratulating Kaitlin Trucchi on attaining her Girl Scout Gold Award.”

Opinions of the Justices of the Supreme Judicial Court.

A communication from the Honorable the Justices of the Supreme Judicial Court on important questions of law relative to Article 48 of the Amendments to the Constitution as relates to actions of the Joint Session of the Two Branches (see Senate, No. 2499) [for opinions, see Senate document numbered 2508] (received in the office of the Senate Clerk on Friday, December 20, 2002 at thirteen minutes past three o’clock P.M.),— was read and placed on file.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5397) of Bradford Hill and Bruce E. Tarr relative to validating certain proceedings of the Manchester Essex Regional School District,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Education, Arts and Humanities.

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 Robert A. O’Leary for legislation relative to extending the time period for disbursements from the Cape Cod land and aquifer protection fund.
Senate Rule 36 was suspended, on motion of Mr. Brewer, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Natural Resources and Agriculture.
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 changing a part of the harbor line on the Merrimack River along the waterfront of the city of Haverhill (House, No. 5081),— 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.

A Bill authorizing the Chicopee Municipal Light Plant to make certain payments to the city of Chicopee (House, No. 5183,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Knapik, 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 providing for the office of town clerk-collector-treasurer in the town of Deerfield to be an appointed office (printed in House, No. 5260 ,— being a message from her Honor the Lieutenant-Governor, Acting Governor),— 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act providing for the office of town clerk, collector and treasurer in the town of Deerfield to be an appointed office.”

A Bill providing for recall elections in the town of Montague (House, No. 5263,— on petition) [Local approval received],— 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.

A Bill authorizing the Rehoboth Water District to hold its annual district meetings at the Dighton-Rehoboth Regional High School building (House, No. 5275,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Ms. Melconian, 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 providing for an increase in the membership of the board of selectmen of the town of Groton to 5 members (House, No. 5364,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Baddour, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the licensing of sign installers (House, No. 4067, amended),— came from the House amended as follows: in section 2, in lines 105 and 106, by striking out the paragraph contained therein, and by striking out section 7 of proposed chapter 143A of the General Laws and inserting in place thereof the following section:

“SECTION 7. This chapter shall not apply to: (a) signs otherwise regulated under sections 29 to 33, inclusive, of chapter 93; and (b) contracts awarded by public entities within the commonwealth, including political subdivisions, agencies, authorities or qausi-public bodies.” (as corrected — B.T.R.)

Senate Rule 36 was suspended, on motion of Mr. Morrissey, and the House amendment was considered, forthwith.

On further motion of Mr. Morrissey, the Senate concurred in the House amendment with a further amendment in section 2, in the second paragraph of section 2 of proposed chapter 143A of the General Laws, by inserting after the word “Technology”, in the fourth sentence, the following words:— “, or shall have completed a state-certified sign, pictorial and display apprenticeship program”; and in the fourth paragraph of section 3 of proposed chapter 143A of the General Laws, by inserting after the word “Technology”, in the first sentence, the following words: “or completion of a state-certified sign, pictorial and display apprenticeship program”.
Sent to the House for concurrence in the further amendment.

Reports of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill establishing a paraprofessional incentive program (House, No. 4702, amended),— ought to pass.
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing a tuition grant program for certain public school paraprofessionals.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill relative to establishing the Berkshire County Regional Housing Authority (Senate, No. 2410),— ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2509).
The rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2509) 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.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill relative to the collection and dissemination of certain reports by the Division of Banks (House, No. 18),— ought to pass.
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.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Colleen McDonald, an employee of the Trial Court of the Commonwealth (House, No. 5353),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Morrissey, 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 establishing a sick leave bank for Colleen McDonald, an employee of the Trial Court.”

Recess.

There being no objection, at twenty-two minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and at sixteen minutes past four o’clock P.M., the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.

A Bill providing for an early retirement incentive for certain employees of the Joseph B. Devlin Medical Institution and the Lynn Convalescent Home (House, No. 5386,— on petition) [Local approval received],— was read.
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.

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

Relative to the Massachusetts Technology Development Corporation (see Senate, No. 2118, amended);

Relative to the Massachusetts veterans shelter in the city of Worcester (see Senate, No. 2150, amended);

Authorizing the appointment of special police officers at the Crane Reservation in the town of Ipswich (see Senate, No. 2482, amended);

Designating certain bridges, overpasses and connector roads in the city of Marlborough (see House, No. 4994);

Authorizing the town of Rochester to pay a certain unpaid bill (see House, No. 5049);

Providing for increased organ donations through education and access (see House, No. 5246, amended);

Relative to the appointment of retired police officers in the town of Reading (see House, No. 5352); and

Establishing the position of deputy chief of police in the town of Walpole (see House, No. 5387).

Order Adopted.

On motion of Ms. Melconian,—

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

On motion of Mrs. Sprague, at twenty minutes past four o’clock P.M., the Senate adjourned to meet on the following Friday at eleven o’clock A.M.