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.

Friday, December 27, 2002.

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

Communications.

A communication was received from the Minority Leader announcing the following appointments:

The Senator from Essex and Middlesex, Mr. Tarr, to the special commission established (pursuant to section 36 of Chapter 236 of the Acts of 2002) to study the definition of agricultural and horticultural lands; and the Senator from Norfolk, Bristol and Plymouth, Mrs. Sprague, to the special commission established (pursuant to section 52 of Chapter 300 of the Acts of 2002) to review the use of technology to improve teaching and learning in public education.

A communication from the Department of Education (under the provisions of Section 432 of Chapter 159 of the Acts of 2000) submitting a corrected version of its overview of activities related to special education (received Tuesday, December 17, 2002),— was placed on file.

Reports.

The following reports were severally read and placed on file:

A report of the Department of Telecommunications and Energy (under the provisions of Section 2 of Chapter 166A of the General Laws, as most recently amended by Chapter 45 of the Acts of 2002) relative to the appeals that came before the Cable Television Division in 2002 (received Thursday, December 19, 2002);

A report of the Massachusetts Water Pollution Abatement Trust (under the provisions of Section 17 of Chapter 29C of the General Laws) submitting its Comprehensive Annual Financial Report (received Monday, December 23, 2002); and

A report of the Department of Public Health (under the provisions of Section 240 of Chapter 184 of the Acts of 2002) submitting the report of the Special Committee to Coordinate the Transfer of Certain Boards of Registration from the Division of Professional Licensure to the Department of Public Health (received Monday, December 23, 2002).

The following reports were severally read and sent to the House for its information:

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Middlesex County Jail (received Friday, December 20, 2002); and

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of MCI Framingham (received Monday, December 23, 2002).

PAPERS FROM THE HOUSE.

Bills

Relative to areas of critical environmental concern (House, No. 4479, amended,— on House, No. 3775) (Senator Pacheco of the committee on Natural Resources and Agriculture dissenting);

Relative to secured transactions (House, No. 4575,— on petition);

Limiting outdoor night lighting, conserve energy and reduce light pollution (House, No. 5360,— on House, No. 3528);

Establishing a sick leave bank for Saillens Dumay, an employee of the Department of Correction (House, No. 5371, changed,— on petition); and

Relative to compensation for certain erroneous felony convictions (House, No. 5401,— on House, No. 2228);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills

Relative to wholesalers and importers liquor licenses (House, No. 771,— on petition);

Relative to firefighter injuries (House, No. 1620,— on petition); and

Relative to civil commitment of sexually dangerous persons (House, No. 4915,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Bills

Relative to the disposition of certain taxes collected by the town of Carver (House, No. 5316,— originally ought NOT to pass (under Joint Rule 10), on petition) [Local approval received];

Authorizing the city of Leominster to provide for an early incentive retirement for its workforce (House, No. 5367, changed,— on petition) [Local approval received];

Relative to the representative town meeting members in the town of Burlington (House, No. 5373,— on House, No. 5264) [Local approval received on House, No. 5264]; and

Exempting David Lahey and Steven M. Moriarty from the maximum age requirement as firefighters in the city of Methuen (House, No. 5383,— on petition) [Local approval received];
Were severally 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:

Establishing a citizens advisory board on uses of the Rumney Marsh Area (see House, No. 1877, amended);

Requiring the posting of security for the seizure and impoundment of animals (see House, No. 2202, amended); and

Relative to the annual observance of Philanthropy Day (see House, No. 2984, amended).

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the Senate Bill to promote fair contract provisions (Senate, No. 1560),— ought to pass, with an amendment, in section 1, by adding the following subsection:

“(c) Nothing contained in this section is intended to amend the laws governing payments of public construction projects, or to impose on a public agency a payment obligation beyond that imposed by law.”.
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 (Senate, No. 1560, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 House bills

Relative to the donation of bone marrow by certain minors (House, No. 4970); and

Relative to the retirement allowance of Louis Caton of the town of Dartmouth (House, No. 5071, changed);
Were severally 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 relative to group marketing plans (House, No. 5375,— on House, No. 2351),— 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 relative to a certain license to construct a pier (House, No. 5389,— on petition),— 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 relative to the banking industry (House, No. 17,— on House, No. 8, in part),— 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act relative to the annual report on the banking industry.”

Recess.

There being no objection, at twelve minutes past eleven o’clock A.M., the President declared a recess subject to the call of the Chair; and at two minutes before three o’clock P.M., the Senate reassembled, Mr. Moore in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE

The Senate Bill establishing a board of registration of credit counselors (Senate, No. 2414),— came from the House passed to be engrossed, in concurrence with amendments in section 1, in line 9, by inserting after the word “industry” the words “, at least one of which shall be an employee of an independently unaffiliated credit counseling company,”; in section 2, in line 9, by inserting after the word “person” the words “, other than an attorney,”, in lines 17 and 18, by striking out the word “inclusive” and inserting in place thereof the following: “including (i) a nonprofit charitable corporation organized under chapter 180; or (ii) a nonprofit corporation that is recognized by the Internal Revenue Service as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as the same may be amended from time to time; or (iii) a corporation organized under Massachusetts General Laws 156b.”, in lines 18 to 24, inclusive, by striking out the sentence contained therein; in line 72, by striking out the words “history of felonious behavior” and inserting in place thereof the words “any prior conviction of a felony in Massachusetts or any other jurisdiction”, and in line 105, by inserting after the word “person” the words “is an attorney or”; by striking out section 3 and inserting in place thereof the following section:

“SECTION 3. The second paragraph of section 4A of chapter 180 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following:— No person, except for an attorney of licensee under section 230 of chapter 112 shall render the credit counseling services specified in clause (b) of the first paragraph.”; in section 4, in line 1, by striking out the date “December 1, 2002” and inserting in place thereof the date “December 1, 2003”, and in lines 9, 10 and 11, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“(b) authorizing the division of banks to set the criteria for what constitutes a reasonable fee structure for the services rendered by credit counseling agencies located in the Commonwealth;”.

Senate Rule 36 was suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith.
On motion of Mr. Montigny, the Senate concurred in the House amendment with a further amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2512.
Sent to the House for concurrence in the amendment.

A Bill relative to memorials for firefighting and law enforcement personnel (House, No. 5385,— on House, No. 5069, in part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 petition (accompanied by bill, House, No. 5403) of Walter F. Timilty and Brian A. Joyce relative to granting civil service preference to the children of Robert Byron for appointment as fire fighter in the town of Milton,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Colleen McDonald, an employee of the Trial Court (see House, No. 5353), 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 Acting President and sent to the House for enactment.

An engrossed Bill relative to eligibility for extended federal unemployment benefits (see House, No. 5368, 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 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 Acting President and laid before the Acting Governor for her approbation, to wit:

Relative to the annual report on the banking industry (see House, No. 17);

Relative to the collection and dissemination of certain reports by the Division of Banks (see House, No. 18);

Relative to handicap parking restrictions (see House, No. 4171, amended);

Changing a part of the harbor line on the Merrimack River along the waterfront of the city of Haverhill (see House, No. 5081);

Authorizing the Rehoboth Water District to hold its annual district meetings at the Dighton-Rehoboth Regional High School building (see House, No. 5275);

Providing for an increase in the membership of the board of selectmen of the town of Groton to 5 members (see House, No. 5364);

Providing for an early retirement incentive for certain employees of the Joseph B. Devlin Medical Institution and the Lynn Convalescent Home (see House, No. 5386); and

Relative to a certain license to construct a pier (see House, No. 5389).

A Bill relative to the salaries of certain public officials in the city of Medford (House, No. 5392,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 town of Lynnfield to establish a capital facilities maintenance fund (House, No. 5379,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 Senate Bill relative to the town of Phillipston (Senate, No. 2507, changed),— 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 capital improvements in the town of Phillipston.”
Sent to the House for concurrence.

Recess.

There being no objection, at six minutes past three o’clock P.M. the Chair (Mr. Moore) declared a recess subject to the call of the Chair; and at one minute before four o’clock P.M., the Senate reassembled, Mr. Moore in the Chair.

PAPERS FROM THE HOUSE.

The House Bill relative to creditable service in the armed forces of the United States (House, No. 5103, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out section 1 (as printed); and by inserting after section 2 (as printed) the following section:

“SECTION 1A. Subdivision (1) of said section 4 of said chapter 32, as so appearing, is hereby amended by inserting after paragraph (q) the following paragraph:

(r) Notwithstanding any general or special law to the contrary, a member in service or member inactive, as defined in section 3, of a retirement system, who served as a volunteer to the Peace Corps, who completes 10 or more years of membership service as a public school teacher or public school guidance counselor, and who retires on or after March 31, 2002, shall receive full credit for the period of such volunteer service but not more than 3 years. Eligibility for the creditable service of members in service of a retirement system shall be conditioned upon payment, in 1 sum or in installments upon such terms as the applicable retirement board may provide, into the annuity savings fund of the applicable retirement system, of an amount equal to the contributions such member in service would have otherwise paid into the retirement system for the period of volunteer service based upon the annual salary the member received in the first year of membership service after that volunteer service.”. with a further amendment in section 1A by striking out the words “or member inactive” and by striking out the year “2002” and inserting in place thereof the following year: “2003”.

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

On further motion of Mr. Montigny the Senate concurred on the House amendment with further amendments in section 1A, in the proposed paragraph (r), in the first sentence, by inserting after the words “a member in service” the following words:— “or member inactive”; by striking out the words “March 31, 2003” and inserting in place thereof the following words:— “September 1, 2002”; and by inserting after section lA the following section:—

“SECTION 1B. Said subdivision (1) of said section 4 of said chapter 32, as so appearing, is hereby further amended by inserting after paragraph (1½) the following paragraph:—

(1¾) A member of the state retirement system who is eligible to receive a retirement benefit pursuant to this chapter who served as an employee of an educational collaborative prior to 1983 may establish such service as creditable service by depositing in the annuity savings fund of the state retirement system in 1 sum or in installments, upon such terms and conditions as the board may prescribe, an amount equal to 10 per cent of the compensation received by the member during such period plus regular interest to the date of the deposit.”
Sent to the House for concurrence in the Senate amendments.

A Bill establishing the Shrewsbury corporation (House, No. 5395,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 the tax treatment of prepaid calling arrangements (House, No. 1320),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 relative to the tastings of alcoholic beverages (House, No. 5247, amended),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill 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:

Authorizing Cohasset Water Commissioners to serve in other town offices (see Senate, No. 1872);

Relative to the retirement of certain employees of the city of Revere (see Senate, No. 2020);

Making corrective changes in certain general and special laws (see Senate Bill, printed in Senate, No. 2497);

Establishing a sick leave bank for Colleen McDonald, an employee of the Trial Court (see House, No. 5353), and

Relative to eligibility for extended federal unemployment benefits (see House, No. 5368, amended).

A Bill authorizing Philip M. Akstin to take the civil service examination for the position of firefighter in the city of Haverhill notwithstanding the maximum age requirement (House, No. 5325,— originally ought NOT to pass (under Joint Rule 10), 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 exempting the position of auditor in the city of Haverhill from the civil service law (House, No. 5372,— 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.

The House Bill relative to certain trust funds and other matters (House, No. 5393, printed as amended),— 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 2506, with a further amendment strilking out all after the enacting clause and inserting in place thereof the text of House document numbered 5402.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith and adopted, in concirrence (as corrected by the committee on Bills in the Third Reading).

Recess.

There being no objection, at sixteen minutes past four o’clock P.M., the Chair (Mr. Moore) declared a recess subject to the call of the Chair; and at twenty-five minutes past five o’clock P.M., the Senate reassembled, Mr. Moore in the Chair.

PAPERS FROM THE HOUSE

Emergency Preamble Adopted.

An engrossed Bill relative to certain trust funds and other matters (see House, No. 5393, printed as 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 2 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

 Engrossed Bills.

The following engrossed bills (the first two 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 credit unions (see Senate, No. 5);

Exempting the position of deputy police chief in the town of Norwell from the civil service law (see Senate, No. 2486);

Establishing a tuition grant program for certain school paraprofessionals (see House, No. 4702, amended); and

Relative to certain trust funds and other matters (see House, No. 5393, amended).

Order Adopted.

On, motion of Mr. Tisei,—

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

On motion of Mr. Tisei, at twenty-two minutes before six o’clock P.M., the Senate adjourned to meet on the following Monday at one o’clock P.M.