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, April 13, 2000.

Met at seven minutes before two o’clock P.M.

Report.

A report of the Massachusetts Convention Center Authority (under the provisions of Section 5(1) of Chapter 152 of the Acts of 1997) submitting its quarterly reports for the quarters ending September 30, 1999 and December 31, 1999 (received Wednesday, April 12, 2000),— was placed on file.

Petition.

Mr. Creedon presented a petition (subject to Joint Rule 12) of William F. Galvin, Secretary of the Commonwealth and Robert S. Creedon, Jr., for legislation to prohibit abusive practices in high-cost home mortgage lending,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

A Bill to improve teacher recruitment, retention and retirement (House, No. 5116,— on House, No. 4466, in part),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A petition (accompanied by bill, House, No. 5113) of Frank M. Hynes and Robert L. Hedlund (by vote of the town) for legislation to authorize the town of Scituate to use a portion of forest land for construction of a fire station,— was referred, in concurrence, to the committee on Local Affairs.

Committee of Conference Report.

A report of the committee of conference on the disagreeing votes of the two branches, with reference to the House amendments to the Senate Bill relative to mental health benefits (Senate, No. 2036) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5008);— recommending that the Senate recede from its nonconcurrence with the House in its amendments; and concur therein with the following amendment:
Striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2172; and that the House concur in the further amendment.
The report was read.
After remarks, the question on adoption of the amendment was determined by a call of the yeas and nays, at four minutes past two o’clock P.M., on motion of Mr. Bernstein, as follows, to wit (yeas 36 — 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
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. 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 — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Shannon, Charles E. — 3.
Jajuga, James P.

The yeas and nays having been completed at seven minutes past two o’clock P.M., the report was accepted.

Sent to the House for concurrence.

Order.

Mr. Lees presented a petition (subject to Joint Rule 12) of Brian P. Lees, Francis L. Marini, Henri S. Rauschenbach, Jo Ann Sprague, Michael R. Knapik, Bruce E. Tarr and Robert L. Hedlund for the adoption of an order to prohibit the financing of any stadium for the Boston Red Sox prior to enactment of the General Appropriation Bill for fiscal year 2001; and, after remarks, the same was referred, under the rules, to the committees on Rules of the two branches, acting concurrently.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills

Relative to the charter of the town of Sutton (Senate, No. 2108);

Further regulating payroll deductions for periodic passes for public transportation (House, No. 1069);

Relative to access to autopsy reports (House, No. 2723, amended); and

Relative to dangerous buildings (House, No. 4967);
Were severally read a second time and ordered to a third reading.

The House Bill relative to the compensation of the chairpersons of the legislative committee on Education, Arts and Humanities (House, No. 5003),— was read a third time and passed to be engrossed, in concurrence.
Sent to the House for concurrence in the amendments previously adopted by the Senate.

The Senate Bill providing address confidentiality for victims of domestic abuse, rape, sexual assault and stalking (Senate, No. 2173),— was read a third time. After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at seventeen minutes past two o’clock P.M., on motion of Ms. Jacques, as follows, to wit (yeas 36— 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
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. 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 — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Shannon, Charles E. — 3.
Jajuga, James P.

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

Sent to the House for concurrence.

The House Bill relative to income taxation and certain income eligibility calculations for certain recovered assets of Holocaust survivors (House, No. 5086),— was read a third time. After remarks, the question on passing it to be engrossed, in concurrence, was determined by a call of the yeas and nays, at twenty-six minutes before three o’clock P.M., on motion of Mr. Bernstein, as follows, to wit (yeas 36 — 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
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. 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 — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Shannon, Charles E. — 3.
Jajuga, James P.

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

The Senate Bill relative to the rights of victims of crimes (Senate, No. 184),— was read a third time.
Pending the main question on passing it to be engrossed, Ms. Murray, Ms. Walsh, Ms. Jacques and Ms. Creem moved that the bill be amended by substituting a new draft with the same title (Senate, No. 2131).
Messrs. Lees, Tisei, Knapik, Rauschenbach, Tarr, Hedlund and Mrs. Sprague moved to amend the proposed new draft, Senate, No. 2131, by striking out sections 1, 2 and 5 and inserting in place thereof the following two sections:—

“SECTION 1. Section 133C of said chapter 127 is hereby repealed.

SECTION 2. Chapter 127 of the General Laws is hereby amended by inserting after section 133D, inserted by chapter 74 of the acts of 1999, the following section:—

Section 133E. (a) For the purposes of this section, the following terms shall have the following meanings:

‘Family member’, parent, stepparent or guardian of the victim, spouse or person with whom the victim lived and in a relationship similar to marriage, child, stepchild, grandchild, grandparent, sibling, aunt, uncle, niece, nephew or guardian of the minor child or stepchild of the victim.

‘Sex offense’, any violation of section thirteen B, thirteen F, thirteen H, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B of chapter two hundred and sixty-five; or section two, three, four A, four B, sixteen, twenty-six B, twenty-eight, twenty-nine A, twenty-nine B, twenty-nine C or thirty-five A of chapter two hundred and seventy-two; or an attempt to commit any crime referred to in this section.

‘Violent crime’, any violation of section thirteen, thirteen A, thirteen C, thirteen D, thirteen D½, thirteen I, thirteen J, thirteen K, fourteen, fifteen, fifteen A, fifteen B, sixteen, seventeen, eighteen, eighteen A, eighteen B, eighteen C, nineteen, twenty, twenty-one, twenty-one A, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty-seven, thirty-eight, thirty-nine, forty-three or forty-four of chapter two hundred and sixty-five; or section one, two, five A, ten, fourteen, fifteen, sixteen, seventeen, one hundred and one or one hundred and two of chapter two hundred and sixty-six; or section two, four, six or seven of chapter two hundred and seventy-four; or an attempt to commit any crime referred to in this section.

(b) Notwithstanding sections 167 to 178B, inclusive, of chapter 6, any parole hearing for a prisoner serving a sentence for a crime which resulted in the death of a victim shall be open to the public.

(c) Notwithstanding said sections 167 to 178B, inclusive, of chapter 6, any parole hearing for a prisoner serving a sentence in the state prison for a violent crime or sex offense shall be open to the public.

(d) The parole board shall, at least 30 days before any parole hearing involving an inmate convicted of a violent crime or a sex offense, notify in writing the attorney general, the district attorney in whose district the crime was committed, the chief of police or head of the organized police department of the municipality in which the crime was committed and the victims of the crime for which the sentence was imposed. Such officials and victims shall be allowed to appear in person, to be represented or to make written recommendations to the parole board. The family members of a deceased victim shall be allowed to represent the victim at such parole hearing and to make oral and written recommendations to the parole board.

(e) The parole board shall promulgate rules and regulations to promote the security and the orderly and efficient administration of such hearings. Such rules and regulations: (1) shall provide for accommodations that may be made for victims to protect their privacy, confidentiality and safety; (2) may limit the number of persons who attend or testify at such hearings; and (3) may provide for the use of video-conferencing to conduct such hearings and allow for public access.”; and by adding the following section:—

“SECTION 6. The provisions of sections 1 and 2 shall apply to parole hearings conducted on or after the effective date of this act.”.
After remarks, Ms. Melconian in the Chair, the amendment (Lees, et al.) was adopted. After further remarks the pending new draft (Senate, No. 2131, amended) was adopted.
The bill (Senate, No. 2177, printed as amended) was then passed to be engrossed.

Sent to the House for concurrence.

There being no objection, during consideration of the Orders of the Day, the following matters were considered, as follows:

Engrossed Bills — Land Taking for Conservation, Etc.

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), an engrossed Bill authorizing the city of Quincy to grant certain easements (see House, No. 4284) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at eighteen minutes before three o’clock P.M., as follows, to wit (yeas 36 — 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
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. 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 — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Shannon, Charles E. — 3.
Jajuga, James P.

The yeas and nays having been completed at fourteen minutes before three o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Governor for his approbation.

An engrossed Bill authorizing the town of Stow to release a certain conservation restriction (see House, No. 5053, changed) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at thirteen minutes before three o’clock P.M., as follows, to wit (yeas 36 — 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
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. 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 — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Shannon, Charles E. — 3.
Jajuga, James P.

The yeas and nays having been completed at ten minutes before three o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President and laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were further considered, as follows:

The House Bill providing additional funding for the Central Artery/ Tunnel project (House, No. 5104),— was read a third time.
Pending the question on passing it to be engrossed, Messrs. Knapik and Lees moved to further amend the bill by inserting after section 5 the following four sections:—

“SECTION 5A. Section 3 of chapter 81A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the word ‘determine’, in line 75, the following words:— and that part of interstate highway routes 93 and 95 where the authority must establish and maintain facilities in which to exercise its authority to collect tolls.

SECTION 5B. Section 4 of said chapter 81A, as so appearing, is hereby amended by inserting after clause (j) the following clause:—

(j½) to fix and revise from time to time and charge and collect tolls for transit over interstate highway route 93 in the north at the commonwealth’s border with the state of New Hampshire and south of the city of Boston at a place to be established by the authority which is south of the southern entrance to the Ted Williams tunnel and for transit over interstate highway route 95 at the commonwealth’s border with the state of Rhode Island.

SECTION 5C. Section 10 of said chapter 81A is hereby amended by adding after subsection (b) the following subsection:—

The authority may charge and collect and from time to time fix and revise tolls for transit over interstate highway route 93 at the commonwealth’s border with the state of New Hampshire and south of the city of Boston at a place to be established by the authority which is south of the southern entrance to the Ted Williams tunnel and for transit over interstate highway route 95 at the commonwealth’s border with the state of Rhode Island, subject to such classifications of vehicles and manners of collection as the authority determines desirable and subject to the provisions of clause (j) of section 4.

SECTION 5D. Said chapter 81A is hereby further amended by adding the following section:—

Section 32. The tolls established in section 4 of clause (j½) for transit over interstate route 93 and interstate route 95 shall be used solely for the financing of the Central Artery/Third Harbor Tunnel Project. The tolls shall remain in effect until the completion of the Central Artery/Third Harbor Tunnel Project.”
After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at two minutes past four o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 8 — nays 27):

YEAS.

Brewer, Stephen M. Magnani, David P.
Jacques, Cheryl A. Moore, Richard T.
Knapik, Michael R. Nuciforo, Andrea F., Jr.
Lees, Brian P. Resor, Pamela — 8.

NAYS.

Antonioni, Robert A. Creedon, Robert S., Jr.
Berry, Frederick E. Creem, Cynthia Stone
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Lynch, Stephen F. Tisei, Richard R.
Melconian, Linda J. Tolman, Steven A.
Menard, Joan M. Travaglini, Robert E.
Montigny, Mark C. Tucker, Susan C.
Morrissey, Michael W. Walsh, Marian
Murray, Therese Wilkerson, Dianne — 27.
Pacheco, Marc R.

PAIRED.

YEA. NAY.
Robert A. Bernstein (present), James P. Jajuga — 2.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Shannon, Charles E. — 2.

The yeas and nays having been completed at six minutes past four o’clock P.M., the amendment was rejected.

Mr. Nuciforo moved to further amend the bill by adding the following section:—

“SECTION 20. (a) There is hereby established a commission on transportation improvement. The commission shall consist of seven members, including the secretary of transportation and construction or his designee, the chairman of the Massachusetts Turnpike Authority or his designee, the director of information technology, two designees of the Massachusetts Association of Regional Planning Agencies, a designee of the Massachusetts Association of Highway Superintendents and one person to be appointed by the governor.

(b) The commission shall prepare a computerized tracking system of all road and bridge construction projects that receive state or federal funding, including all transportation improvement projects, hereafter referred to as TIP. The tracking system shall not include any projects or costs attributable to municipal reimbursements owed under the chapter 90 program, so-called, the public works and economic development programs, the costs of administrative, maintenance, engineering and environmental operations of said department and the costs associated with right of way acquisition, design, utility and force account work.

The tracking system shall include the following information:

1) project title and street and project location;

2 type of TIP;

3) TIP fiscal year;

4) TIP cost estimate;

5) percentage of federal funding for the project;

6) design and construction status;

7) award date;

8) notice to proceed date; and

9) estimated date of completion.

(c) The commission shall complete the computerized tracking system not later than 60 days after the appointment of the commission members and not less than three months after the effective date of this act. The system shall be updated by the commission at least once per month.

(d) The commission, after preparation of the tracking system, shall, not later than three months after the effective date of this act, present the system to the house and senate committees on ways and means. The commission shall report thereafter biannually to said committees on ways and means regarding the status of the tracking system.
After debate, the amendment was adopted.
After remarks, the question on passing the bill to be engrossed, in concurrence, was determined by a call of the yeas and nays, at twenty-two minutes before five o’clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 36 — 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
Creedon, Robert S., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. 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 — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Clancy, Edward J., Jr. Shannon, Charles E. — 3.
Jajuga, James P.

The yeas and nays having been completed at seventeen minutes before five o’clock P.M., the bill (House, No. 5104) was passed to be engrossed, in concurrence, with amendments. [For text of Senate amendments, printed as amended, see Senate, No. 2178.]
Sent to the House for concurrence in the amendments.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered, as follows:

The House Bill establishing an Agricultural Preservation Trust Fund in the town of Dartmouth (House, No. 4696),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Montigny moved that the bill be amended in section 4, by striking out, in line 3, the word “may” and inserting in place thereof the word “shall”.
This amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Resolutions.

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

Resolutions (filed by Messrs. Bernstein and Glodis) “commending the 212th Engineering Installation Squadron of the Massachusetts National Guard”;
Resolutions (filed by Mr. Creedon) “congratulating Ruth V. Hayes on the occasion of her eightieth birthday”;
Resolutions (filed by Mr. Morrissey) “congratulating T. Michael Molongoski on the occasion of his retirement from the Braintree school system”; and
Resolutions (filed by Mr. Pacheco) “on the dedication in memory of Roger H. Parent”.

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (both 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 Governor for his approbation, to wit:

Designating a certain exit ramp in the city of New Bedford as the Alvin Glaser Memorial Exit (see House, No. 4966); and

Relative to the financing of certain infrastructure and other improvements in the town of Foxborough and the duties of the commissioner of probation (see House, No. 5071, amended).

The Senate Bill relative to diabetes cost reduction (Senate, No. 2109, amended),— came from the House passed to be engrossed, in concurrence, with an amendment, striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5097.
The rules were suspended, on motion of Ms. Jacques, and the House amendment was considered forthwith and adopted, in concurrence.

Order Adopted.

On motion of Mr. Rosenberg,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Tuesday 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 a quarter before five o’clock P.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.