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

Thursday, February 3, 2000.

Met at thirteen minutes past one o’clock P.M.

Report.

A report of the Massachusetts Office of Travel and Tourism (under the provisions of Section 13C of Chapter 23A of the General Laws) submitting its fiscal year 1999 report on the Advisory Commission on Travel and Tourism (received Tuesday, February 1, 2000),— was placed on file.

Petitions.

Petitions were presented and referred, as follows:

By Mrs. Sprague, a petition (subject to Joint Rule 12) of Jo Ann Sprague and Christopher Thomas for legislation to prohibit the sale of certain tobacco products to persons under the age of 21; and

By Ms. Tucker, a petition (subject to Joint Rule 12) of Susan C. Tucker and Barry R. Finegold (by vote of the town) for legislation to authorize the town of Andover to enter into certain agreements and to convey and accept certain interests in real estate [Local approval received];
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

The following petitions, having been transmitted by the Secretary of the Commonwealth to the Clerk of the House of Representatives as required by Article XLVIII of the Amendments to the Constitution, and having been received in the Office of the Clerk of the House on Wednesday, January 5, 2000, were referred, in concurrence, as follows:

Initiative petition of Greta S. Marsh and others for the passage of “An Act relative to dog racing in the Commonwealth” (House, No. 4975);

To the committee on Government Regulations.

Initiative petition of Michael Cutler and others for the passage of “An Act to expand the scope of the Commonwealth’s drug treatment program and provide funding through fines for drug violations and the forfeiture of assets used in connection with drug offenses” (House, No. 4976); and

Initiative petition of Bernard Lown and others for the passage of “An Act to protect the rights of patients and to promote access to quality health care for all residents of the Commonwealth” (House, No. 4977);
Severally to the committee on Health Care.

Initiative petition of Robert A. Durand and others for the passage of “An Act to protect children from exposure to pesticides” (House, No. 4979);

To the committee on Natural Resources and Agriculture.

Initiative petition of Douglas J. Barth and others for the passage of “An Act regarding commuter tax relief” (House, No. 4980);

Initiative petition of Argeo Paul Cellucci and others for the passage of “An Act to roll back the state income tax rate to 5 percent by the year 2003” (House, No. 4981); and

Initiative petition of Michael R. Corkin and others for the passage of “An Act to encourage charitable giving” (House, No. 4982);
Severally to the committee on Taxation.

Orders of the Day.

The Orders of the Day were considered, as follows:

The Senate Bill amending the one trial system for civil cases (Senate, No. 2088),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill relative to the terms of certain bonds and notes issued by the Commonwealth (printed in House, No. 4938),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the construction and maintenance of the statewide Vietnam veterans memorial at Green Hill Park in the city of Worcester (House, No. 4481),— was read a third time, the main question being on passing the bill to be engrossed, in concurrence.

After remarks, the question thereon was determined by a call of the yeas and nays, at seventeen minutes past one o’clock P.M., on motion of Mr. Bernstein, as follows, to wit (yeas 38 — nays 0):

YEAS.

Antonioni, Robert A. Lynch, Stephen F.

Bernstein, Robert A. Magnani, David P.

Berry, Frederick E. Melconian, Linda J.

Brewer, Stephen M. Menard, Joan M.

Clancy, Edward J., Jr. Montigny, Mark C.

Creedon, Robert S., Jr. Moore, Richard T.

Creem, Cynthia Stone Morrissey, Michael W.

Fargo, Susan C. Murray, Therese

Glodis, Guy W. Nuciforo, Andrea F., Jr.

Havern, Robert A. Pacheco, Marc R.

Hedlund, Robert L. Panagiotakos, Steven C.

Jajuga, James P. Rauschenbach, Henri S.

Joyce, Brian A. Resor, Pamela

Knapik, Michael R. Rosenberg, Stanley C.

Lees, Brian P. Shannon, Charles E.

Sprague, Jo Ann Travaglini, Robert E.

Tarr, Bruce E. Tucker, Susan C.

Tisei, Richard R. Walsh, Marian

Tolman, Steven A. Wilkerson, Dianne — 38.

 

NAYS — 0.

ABSENT OR NOT VOTING.

Jacques, Cheryl A. — 1.

 

The yeas and nays having been completed at twenty-one minutes past one o’clock P.M., the bill was passed to be engrossed, in concurrence.

 

The House Bill to improve the emergency medical services system (House, No. 1946),— was read a third time, the main question being on passing the bill to be engrossed, in concurrence.

After remarks, the question thereon was determined by a call of the yeas and nays, at twenty-nine minutes pat one o’clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 38 — nays 0):

 

YEAS.

Antonioni, Robert A. Montigny, Mark C.

Bernstein, Robert A. Moore, Richard T.

Berry, Frederick E. Morrissey, Michael W.

Brewer, Stephen M. Murray, Therese

Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.

Creedon, Robert S., Jr. Pacheco, Marc R.

Creem, Cynthia Stone Panagiotakos, Steven C.

Fargo, Susan C. Rauschenbach, Henri S.

Glodis, Guy W. Resor, Pamela

Havern, Robert A. Rosenberg, Stanley C.

Hedlund, Robert L. Shannon, Charles E.

Jajuga, James P. Sprague, Jo Ann

Joyce, Brian A. Tarr, Bruce E.

Knapik, Michael R. Tisei, Richard R.

Lees, Brian P. Tolman, Steven A.

Lynch, Stephen F. Travaglini, Robert E.

Magnani, David P. Tucker, Susan C.

Melconian, Linda J. Walsh, Marian

Menard, Joan M. Wilkerson, Dianne — 38.

 

NAYS — 0.

ABSENT OR NOT VOTING.

Jacques, Cheryl A. — 1.

 

The yeas and nays having been completed at twenty-nine minutes before two o’clock P.M., the bill was passed to be engrossed, in concurrence, with an amendment.
Sent to the House for concurrence in the amendment previously adopted by the Senate.

PAPERS FROM THE HOUSE.

Emergency Preamble Adopted.

An engrossed Bill relative to the requirements for in-service physical fitness standards (see House, No. 81), 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 9 to 0.
The bill was signed by the President and sent to the House for enactment.

Orders Adopted.

The following House orders (approved by the committees on Rules of the two branches, acting concurrently) were severally considered forthwith and adopted, in concurrence, to wit:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Criminal Justice be granted until Friday, March 31, 2000, within which to make its final report on current House document 4937.

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Health Care be granted until Wednesday, March 15, 2000, the time within which to make its final report on current House documents numbered 1947 and 4009.

A petition (accompanied by bill) of Patricia D. Jehlen and other members of the General Court that the Parole Board be directed to establish regional intensive parole sex offender programs throughout the Commonwealth,— came from the House, under suspension of Joint Rule 12, referred to the committee on the Judiciary.

The Senate concurred in the suspension of Joint Rule 12, and NON-concurred in the reference to the committee on the Judiciary. On motion of Ms. Melconian, the petition was referred to the committee on Criminal Justice.
Sent to the House for its action.

Reports of Committees.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Charles E. Shannon and Kevin Hall for legislation to reduce the psychotropic drugging of school children.
Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education, Arts and Humanities.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Charles E. Shannon and Kevin Hall for legislation to require medical personnel to provide full disclosure to those parents whose child is prescribed psychotropic drugs.
Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Health Care.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey for legislation prohibiting the use of paint ball guns.
Senate Rule 36 was suspended, on motion of Ms. Melconian, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety.
Severally sent to the House for concurrence.

Resolutions.

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

Resolutions (filed by Mr. Glodis) “recognizing Burn Awareness Week”;

Resolutions (filed by Ms. Melconian) “honoring Giuseppe Polimeni as the Unico Man of the Year for 1999”;

Resolutions (filed by Mr. Rosenberg) “congratulating Roger A. Bisbee on the occasion of his retirement”;

Resolutions (filed by Mrs. Sprague) “congratulating Penny Calf on being named Sportswoman of the Year”; and

Resolutions (filed by Mrs. Sprague) “congratulating the Walpole High School Field Hockey Team”.

PAPERS FROM THE HOUSE.

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 Governor for his approbation, to wit:

Increasing the bond limit of the Cotuit Fire District (see House, No. 475);

Designating a portion of Route 6 in the town of Barnstable as the Korean War Memorial Highway (see House, No. 3789);

Relative to water supply in the town of West Newbury (see House, No. 4044); and

Relative to the maximum age requirement for initial appointment to the Department of State Police (see House, No. 4878).

Bill Recalled from the Governor

Laid Before the Senate.

On motion of Mr. Travaglini, it was voted that a messenger be appointed to wait upon His Excellency the Governor, requesting the return to the Senate of the engrossed Bill relative to the practice of public accountancy (see Senate, No. 368).
Mr. Travaglini was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.
There being no objection, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
The recurring question on passing the bill to be enacted was considered. The bill was again enacted, signed by the President, and again laid before the Governor for his approbation.

PAPER FROM THE HOUSE.

Order Adopted.

The following House Order was considered forthwith and adopted, in concurrence, to wit:

Ordered, That the committee on Government Regulations and the House and Senate committees on Science and Technology be authorized to sit jointly and report on the Initiative Petition for the passage of An Act to promote competition in the cable-based Internet access market.

Petitions.

On motion of Mr. Clancy, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Clancy (accompanied by bill) of Edward J. Clancy, Jr., and Douglas W. Petersen for legislation relative to establishing a sick leave bank for Jean Sacco, an employee of the Trial Court of the Commonwealth,— and the same was referred to the committee on the Judiciary.

On motion of Mr. Tolman, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Tolman (accompanied by bill) of Steven A. Tolman, Michael W. Morrissey, Steven C. Panagiotakos, Dianne Wilkerson and other members of the General Court for legislation to preserve affordable housing,— and the same was referred to the committee on Housing and Urban Development.
Severally sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5003) of J. James Marzilli, Jr., relative to the compensation of the House and Senate chairpersons of the committee on Education, Arts and Humanities,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Report of a Committee.

Mr. Brewer, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:

The Senate Bill relative to the Montague center fire district in the town of Montague (Senate, No. 2077).
There being no objection, the rules were suspended, on motion of Mr. Rosenberg, 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.

 

Committee Discharged.

Ms. Creem, for the committee on Criminal Justice, reported, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4937) of William G. Greene, Jr., and other members of the General Court relative to the penalty for fraudulent use of credit and debit cards,— and recommending that the same be referred to the committee on Banks and Banking.
Under Senate Rule 36, the report was considered forthwith and accepted.

Sent to the House for concurrence.

Order Adopted.

On motion of Ms. Melconian,—

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. Lees, at nineteen minutes before two o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.