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 24, 2000.

Met at five minutes past eleven o’clock A.M. (Ms. Melconian in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

Distinguished Guests.

There being no objection, the Chair (Ms. Melconian) introduced, seated in the rear of the Chamber, Bobby Cournoyer, a 6th grade student at Mary E. Wells Junior High School in Southbridge. Bobby’s cousin, Brian Cournoyer, is an aide to Senator Richard T. Moore of Worcester and Norfolk. Bobby was the guest of Senator Moore.

There being no objection, the Chair (Ms. Melconian) introduced, seated in the rear of the Chamber, cub scouts and leaders from Pack 5, St. Agatha’s Parish in Milton. The group was accompanied by Mike Joyce, a member of Pack 5, and the son of Mary Joyce and the Senator from Norfolk and Suffolk, Brian A. Joyce. The scouts and leaders were the guests of Senator Joyce.

Communication.

A communication from the Office of Community Corrections submitting its spending and management plan (received Wednesday, February 23, 2000),— was placed on file.

Reports.

Reports of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) submitting inspections of certain facilities,—
Old Colony Correctional Center (received Feb. 10, 2000);
Southeastern Correctional Center at Bridgewater (received Feb. 10, 2000);
Bristol County Pre-Release Center (received Feb. 17, 2000);
Bristol County Jail and House of Correction (received Feb. 22, 2000),— were severally read and sent to the House for its information.

Petitions.

Petitions were presented and referred, as follows:

By Mr. Joyce, a petition (subject to Joint Rule 12) of Brian A. Joyce and Martin J. Walsh for legislation relative to directing the State Board of Retirement to pay certain accidental death benefits to the surviving spouse of State Trooper Michael Brugman; and
By the same Senator, a petition (subject to Joint Rule 12) of Brian A. Joyce and Martin J. Walsh for legislation relative to directing the State Board of Retirement to pay certain pension benefits to the surviving spouse of State Trooper Michael Brugman;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Jajuga, for the committee on Public Safety, on petition, a Bill relative to inspecting and securing unsafe or abandoned buildings (Senate, No. 2095);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

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 House Bill relative to dog guides (House, No. 3973).

Committees Discharged.

Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing and directing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of certain Senate documents relative to public safety matters (Senate, No. 2101),— and recommending that the same be referred to the Senate committee on Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Pacheco, for the committee on Natural Resources and Agriculture, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1977) of Robert A. Antonioni and Harold P. Naughton, Jr., for legislation relative to exempting Sterling Camp Meeting Association from certain provisions of Title V,— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to providing additional funding for the Central Artery/Tunnel project (House, No. 5024),— was referred, in concurrence, to the committee on Transportation.

A Bill authorizing and directing the Commissioner of the Department of Revenue to accept an application for abatement of taxes on behalf of certain taxpayers (House, No. 4881,— on House, Nos. 4278, 4279 and 4280),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill establishing an Agricultural Preservation Trust Fund in the town of Dartmouth (House, No. 4696,— on petition) (Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Bill Recalled from the Governor

Laid Before the Senate.

On motion of Mr. Moore, 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 providing for the licensing of perfusionists (see House, No. 1183, amended).
Mr. Moore was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate.
There being no objection, on motion of Mr. Moore, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
On motion of Mr. Bernstein, Senate Rule 49 was suspended. The bill was amended, on motion of Mr. Moore, by striking out the emergency preamble.
Sent to the House for concurrence in the amendment.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133

February 22, 2000.

Mr. Patrick F. Scanlan
Clerk of the Massachusetts Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

On February 17, 2000, due to a prior commitment outside of the State House, I was unable to be present for three roll call votes taken on the following matters:
• Amendment 79 to S. 2098, relative to an independent audit of the Central Artery/Tunnel project cost increases. Had I been present, I would have voted in the affirmative.
• A further amendment to amendment 79 to S. 2098, offered by Sen. Lees. Had I been present, I would have voted in the negative.
• S. 2098, providing for an accelerated transportation development and improvement program for the Commonwealth. Had I been present, I would have voted in the affirmative.
I would appreciate your assistance with the printing of this communication in the Senate Journal. Thank you in advance for your cooperation.

Sincerely,
BRIAN A. JOYCE,
State Senator.

On motion of Mr. Travaglini, the above statement was ordered printed in the Journal of the Senate.

Resolutions.

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

Resolutions (filed by Ms. Creem) “honoring Ida Fridmann, directress of the Wellesley Montessori School, on its twenty-fifth anniversary”;
Resolutions (filed by Mr. Hedlund) “recognizing the outstanding military and community service of Henry Carver, Jr., of Marshfield”;
Resolutions (filed by Mr. Magnani) “on the occasion of the dedication of the Crispus Attucks Bridge in the town of Framingham”;
Resolutions (filed by Ms. Murray) “congratulating Cadet Lieutenant Francis T. Condon III on earning the General Carl A. Spaatz Award”;
Resolutions (filed by Ms. Murray) “congratulating Emily Felix on earning the Prudential Spirit of Community Award”;
Resolutions (filed by Ms. Resor) “congratulating Bethany Burum of Acton”; and
Resolutions (filed by Mr. Tisei) “commending William S. Korth on obtaining the Eagle Scout Award”.

PAPER FROM THE HOUSE.

The House Bill relative to affordable housing in the town of Provincetown (House, No. 4317),— came from the House, amended as follows:
In section 1, in line 3 (as engrossed), by inserting after the word “purposes.”, the following sentence:— “However, funds expended for purposes of affordable housing shall not exceed 10 per cent of the total funds received under said chapter 293.” (as previously inserted by amendment and stricken out by the committee on Bills in the Third Reading); and by striking out section 2 and inserting in place thereof the following two sections:—
“SECTION 2. This act shall be submitted to the voters of said town at the next annual or special town election in the form of the following question which shall be placed upon the official ballot to be used at said election:
Shall an act passed by the general court in the year 2000 entitled, ‘An Act relative to affordable housing in the town of Provincetown’, be accepted?
If a majority of the votes cast in answer to said question is in the affirmative, then section 1 of this act shall thereupon take effect, but not otherwise.
SECTION 3. Section 2 of this act shall take effect upon its passage.”.
The rules were suspended, on motion of Mr. Bernstein, and the House amendment was considered forthwith and, on motion of Ms. Murray, the amendment (as corrected by the committee on Bills in the Third Reading) was adopted, in 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 Bill providing for the annual observance of the month of March as Irish-American Heritage Month (House, No. 4767),— 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 election of selectmen in the town of Dartmouth (House, No. 4955),— was read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

Engrossed Bill.

An engrossed Bill relative to the town of Tisbury (see Senate, No. 1958) (which originated in the Senate), 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 Governor for his approbation.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5028) of John A. Hart, Jr., and other members of the General Court relative to liquor legal liability insurance;
Under suspension of Joint Rule 12, to the committee on Insurance.
Petition (accompanied by bill, House, No. 5029) of Philip Joannides for legislation to authorize the Division of Capital Asset Management and Maintenance to convey a certain parcel of land located in the town of Wrentham to said Philip Joannides for residential purposes;
Under suspension of Joint Rule 12, to the committee on State Administration.

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 Susan C. Tucker, James R. Miceli, Cynthia S. Creem, Ruth B. Balser and Steven A. Tolman for legislation to require certain materials funding and staffing levels for school library media centers.
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 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 Pamela P. Resor and Cory Atkins (by vote of the town) for legislation relative to sewer construction in the town of Acton [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 Local Affairs.

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 Pamela P. Resor and Cory Atkins (by vote of the town) for legislation relative to sewer betterment assessment in the town of Acton [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 Local Affairs.

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 Robert S. Creedon, Jr., and A. Stephen Tobin for legislation to authorize motor vehicle district supervisors to retire with the rank of captain in the department of state police.
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.
Severally sent to the House for concurrence.

Orders Adopted.

Mr. Antonioni presented the following order, to wit:

Ordered, That the joint committee on Education, Arts and Humanities be granted an extension order until May 1, 2000 to give further consideration to Senate documents 208, 213, 217, 227, 231, 261, 264, 267, 276, 288, 291, 299, 300, 309, 311, 312, 1774 and 2063 and House documents numbered 417, 624, 765, 1347, 1349, 1719, 1721, 1912, 1918, 2102, 2491, 2492, 2667, 2678, 2865, 3239, 3240, 3241, 3440, 3629, 3815 and 3981, relative to special education, community service learning, higher education finance, education collaboratives and regional school district borrowing.
There being no objection, the order was considered forthwith and adopted.

Sent to the House for concurrence.

Mr. Travaglini offered the following order, to wit:
Ordered, That full consideration by the Senate shall be allowed on Tuesday, February 29, 2000 on the Senate Bill relative to health care facilities (Senate, No. 148). All amendments, offered by members, must be filed in the office of the Clerk of the Senate no later than twelve o’clock noon on Monday, February 28, 2000.
The order was considered forthwith; and, there being no objection, it was adopted.

PAPER FROM THE HOUSE.

The House Bill making appropriations for the fiscal year 2000 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5011, amended),— came from the House with the endorsement that the House had concurred in the Senate amendments in section 2A striking out item 7515-0100 (previously inserted by amendment by the House); striking out section 3 and inserting in place thereof the following section:
“SECTION 3. Section 31 of chapter 29 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 36, 41 and 49 the word ‘weekly’, each time it appears.”; striking out section 4 and inserting in place thereof the following two sections:
“SECTION 4A. Item 1599-7015 in section 2 of chapter 127 of the acts of 1999 is hereby amended by striking out the words ‘provided further, that no more than ten probation officers-in-charge’ and inserting in place thereof the following words:— provided further, that not more than 24 probation officers-in-charge.
SECTION 4B. Item 7006-0100 of said section 2 of said chapter 127 is hereby amended by adding the following words:— ; and provided further, that notwithstanding the provisions of any general or special law to the contrary, there shall be not less than eight alcoholic beverages control commission investigators assigned for the purpose of investigating and enforcing the alcoholic beverages laws.”; striking out sections 5A and 5B (previously inserted by amendment by the House); and inserting before the enacting clause the following emergency preamble:
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to make or supplement certain appropriations for the fiscal year ending June 30, 2000 and to make certain changes in the law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health, safety and convenience.”, with a further amendment, striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5027; and that the House concur with the Senate in its amendment inserting an emergency preamble.
The rules were suspended, on motion of Ms. Murray, and the House amendment was considered forthwith and adopted, in concurrence.

Recess.

There being no objection, at twenty-nine minutes past eleven o’clock A.M., the Chair (Ms. Melconian) declared a recess subject to the call of the Chair; and, at eight minutes past twelve o’clock noon, the Senate reassembled, Ms. Melconian in the Chair.

PAPER FROM THE HOUSE.

Emergency Preamble Adopted — Engrossed Bill Enacted.

An engrossed Bill making appropriations for the fiscal year 2000 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5011, 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.
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 Governor for his approbation.

Order Adopted.

On motion of Mr. Tarr,—
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. Tarr, at seventeen minutes past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.