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

Monday, April 3, 2000.

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

Communication.

A communication was received by the Clerk from the Senate President’s Office informing the Senate that Senator Berry of Essex had resigned as Senate chairman of the Legislative Children’s Caucus (received in the office of the Clerk of the Senate on Friday, March 31, 2000).

The communication was read for the information of the Senate and placed on file.

Petitions.

Mr. Creedon presented a petition (subject to Joint Rule 12) of Robert S. Creedon, Jr., and John F. Quinn for legislation relative to judicial review of motor vehicle license revocations for failure to submit to alcohol level chemical analysis,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Mr. Morrissey presented a petition (accompanied by bill, Senate, No. 2168) of Michael W. Morrissey, A. Stephen Tobin, Ronald Mariano and Bruce J. Ayers (with the approval of the mayor and city council) for legislation relative to technical changes to the law regarding the payment of a Quincy city councilor [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Local Affairs.

Sent to the House for concurrence.

Report of a Committee.

By Mr. Joyce, for the committee on Public Service, on the recommitted petition (accompanied by bill, Senate, No. 1195), a Bill placing certain correctional employees in Group Four of the retirement system (Senate, No. 2167);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

PAPERS FROM THE HOUSE.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to limiting the tax on gasoline in the Commonwealth (House, No. 5090),— was referred, in concurrence, to the committee on Taxation.

Bills

Relative to taxation of court reporting services (House, No. 2053,— on petition); and

Relative to income taxation and certain income eligibility calculations for certain recovered assets of Holocaust survivors (House, No. 5086,— on House, No. 3932);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the operation of pet stores (House, No. 3224,— on petition),— was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 5087) of Eric Turkington and Henri S. Rauschenbach (by vote of the town) that the town of Chilmark be authorized to erect and maintain a radio tower on certain conservation land;
To the committee on Local Affairs.

Petition (accompanied by bill, House, No. 5085) of Robert A. Havern and Charles A. Murphy (by vote of the town) for legislation to authorize the town of Burlington to regulate motor vehicle speed limits on public ways in thickly settled areas of said town;
To the committee on Public Safety.

Petition (accompanied by bill, House, No. 5088) of James E. Vallee (by vote of the town) that the city known as the town of Franklin be authorized to establish an open space real property acquisition fund;
To the committee on Taxation.

A report of the committee on Public Service, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4372) of Nancy J. Caffyn (by vote of the town) for legislation to authorize the town of Mashpee to classify the position of animal control officer in said town under Group 4 of the contributory retirement system, and recommending that the same be referred to the Senate committee on Rules,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

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

Resolutions (filed by Mr. Antonioni) “congratulating firefighter Charles P. Deming on the occasion of his retirement”;
Resolutions (filed by Messrs. Bernstein, Glodis, Antonioni, Brewer and Moore and Ms. Resor) “congratulating William J. Short on his retirement after 25 years of service as president of the Worcester Area Chamber of Commerce”;
Resolutions (filed by Mrs. Sprague) “congratulating Justin Nicholas of Seekonk upon his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mrs. Sprague) “congratulating Michael Keith Nobil of Stoughton upon his elevation to the rank of Eagle Scout”.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

March 31, 2000.

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

Dear Mr. Clerk:

I was unable to be present in the Senate Chamber yesterday for the Senate roll call votes on the following matters because I was accompanying the Governor on an Official Trade Mission to China as the Senate President’s designee.

The first matter was House Bill 4917, An Act Requiring Competent Interpreter Services in the Delivery of Acute Health Care Services. Had I been present, I would have voted in the affirmative on the question of engrossment of this matter.

The second matter was House Bill 4993, An Act Relative to Nongroup Health Insurance. Had I been present, I would have voted in the negative on the question of adoption of the amendment offered by Senator Tarr and others.

The final matter was House Bill 4380, An Act authorizing the city of Lawrence to use certain park and playground land for school purposes. Had I been present, I would have voted in the affirmative on the question of enactment of this matter.

I respectfully request that this communication be noted in the record of the Senate. Thank you for your assistance in this matter.

Sincerely,
STEPHEN F. LYNCH,
State Senator.

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

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 Senate Bill relative to certain insurance coverage for a former employee of the town of Townsend (Senate, No. 2086),— 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.

The House Bill authorizing the town of Grafton to issue an additional license for the sale of wines and malt beverages not to be drunk on the premises (House, No. 4136) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill relative to the financing of Foxborough Stadium and the operation of the East Boston District Court (House, No. 5071, amended,— on House, No. 4995, in part),— was read.
There being no objection, the rules were suspended, on motion of Ms. Melconian, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Montigny presented amendments, striking out in section 1, in lines 4 and 5, the words “an administrative fee shall be charged to” and inserting in place thereof the following words:— “a licensing fee shall be charged to the licensee for”; by striking out sections 4 to 8, inclusive; and by striking out the title and inserting in place thereof the following title:— “An Act relative to the financing of certain infrastructure and other improvements in the town of Foxborough.”
The amendments were adopted.
The bill, as amended, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
Sent to the House for concurrence in the amendments.

A petition (accompanied by bill, House, No. 5093) of Marie P. St. Fleur and other members of the General Court for the issuance of an annual proclamation by the Governor establishing the period from November twentieth to December twentieth, inclusive, as Survivors of Victims of Homicide Awareness Month,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on State Administration.

Engrossed Bill.

An engrossed Bill authorizing the town of Hopkinton to pay certain health insurance premiums for retired employees (see House, No. 4555) (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 Governor for his approbation.

Order Adopted.

On motion of Ms. Murray,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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. Rauschenbach, at thirteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.