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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. |
Monday, May 10, 1999.
Met at ten minutes past eleven o'clock A.M. (Ms. Melconian in the Chair).
Mr. Berry presented a petition (subject to Joint Rule 12) of Frederick E. Berry and Michael P. Cahill for legislation relative to certain retirement benefits,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.
By Ms. Wilkerson, for the committee on State Administration, on
petition, a Bill relative to the disposal of obsolete material and supplies (Senate, No. 1404);
By the same Senator, for the same committee, on Senate, No. 1411 and House, No. 1089, a Bill
to increase the retaliation penalty and to exclude malicious reporting from such protection under
the Disabled Persons Protection Commission (Senate, No. 1411);
By the same Senator, for the same committee, on petition, a Bill to establish the Commonwealth
of Massachusetts public safety inspectors academy (Senate, No. 1422);
By the same Senator, for the same committee, on petition, a Bill strengthening requirements for
the performance of public works contracts (Senate, No. 1436);
By the same Senator, for the same committee, on petition, a Bill providing for a University of
Massachusetts Dartmouth skating arena (Senate, No. 1441);
By the same Senator, for the same committee, on Senate, No. 1445 and House, No. 2421, a Bill
providing for a system of periodic legislative review and for the termination or consolidation of
state agencies (Senate, No. 1445);
By the same Senator, for the same committee, on petition, a Bill authorizing the Division of
Capital Planning and Operations to convey a certain parcel of land located in the towns of Becket
and Otis in exchange for certain other land located in the town of Otis (Senate, No. 1458);
By the same Senator, for the same committee, on petition, a Bill relative to the sale of Disabled
American Veterans' land in Barnstable (Senate, No. 1468); and
By the same Senator, for the same committee, on petition, a Bill relative to state funded activities
(Senate, No. 1490);
Severally read and, under Senate Rule 27, referred to the committee on Ways and
Means.
By Ms. Wilkerson, for the committee on State Administration, on
Senate, No. 1443 and House, No. 2798, a Bill relative to exempting boards of health (Senate, No.
1443);
By the same Senator, for the same committee, on petition, a Bill to enhance procurement
expertise (Senate, No. 1449); and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No.
1737), a Bill authorizing the lease of certain parcels of land in the town of Natick (Senate, No.
1785) [Local approval received on Senate, No. 1737];
Severally read and, under Senate Rule 26, referred to the committee on Steering and
Policy.
By Ms. Wilkerson, for the committee on State Administration, on
petition, a Bill assurance of non-visual access to information technology (Senate, No.
1402);
Read and, under Senate Rule 26A, referred to the Senate committee on Science and
Technology.
Mr. Brewer, for the committee on Steering and Policy, reported that
the following matters be placed in the Orders of the Day for the next session:
The Senate Bill to provide insurance for public safety personnel (Senate, No. 1352); and
The Senate reports
Of the committee on Public Service, ought NOT to pass:
On the petition (accompanied by bill, Senate, No. 1211) of Robert A. Havern for legislation to
clarify health insurance coverage for public school teachers;
On the petition (accompanied by bill, Senate, No. 1214) of Cheryl A. Jacques and Lida E.
Harkins for legislation to authorize the Needham town meeting to approve a cost of living
increase for members of the Needham contributory retirement system;
On the petition (accompanied by bill, Senate, No. 1243) of Richard Piper for legislation to
require all state and municipal employees to be subject to periodic examinations by appointing
authorities;
On the petition (accompanied by bill, Senate, No. 1244) of Richard Piper for legislation to
require the periodic competency testing of all state environmental employees of the
Commonwealth;
On the petition (accompanied by bill, Senate, No. 1245) of Richard Piper for legislation to
require periodic physical and mental competency testing of all state and municipal firefighters in
the Commonwealth;
On the petition (accompanied by bill, Senate, No. 1246) of Richard Piper for legislation to
require periodic physical and mental competency testing of all state and municipal police officers
in the Commonwealth.
On the petition (accompanied by bill, Senate, No. 1282) of Richard T. Moore, Timothy J.
Toomey, Jr., the Retired State, County and Municipal Employees of Massachusetts, by RalphW.
White, president, and other members of the General Court for legislation relative to granting cost
of living adjustments to non-contributory retirees;
On the petition (accompanied by bill, Senate, No. 1321) of Thomas C. Norton and the
Massachusetts Police Association, by James M. Machado, for legislation relative to residency
requirements for police and fire department personnel in cities and towns; and
On the petition (accompanied by bill, Senate, No. 1382) of Susan C. Tucker, David M. Nangle
and James R. Miceli (by vote of the town) for legislation to authorize Gerald M. Cullen to take
the civil service examination for the position of firefighter in the town of Tewksbury
notwithstanding the maximum age requirement.
Ms. Wilkerson, for the committee on State Administration, reported,
asking to be discharged from further consideration of the petition (accompanied by bill, Senate,
No. 1423) of James P. Jajuga, Kevin L. Finnegan, David M. Torrisi, Brian S. Dempsey and
Bruce E. Tarr for legislation to create an office of public school building oversight,— 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.
The Clerk read the following communication:
COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053
May 6, 1999.
Honorable Patrick Scanlan
Clerk of the Massachusetts Senate
Room 335
State House
Boston, MA 02133
Dear Mr. Scanlan:
Due to a scheduling conflict, I was out of state on May 6, 1999, and was unable to attend the
schedule Senate Session. Had I been present, I would have voted in the affirmative on the
following matters:
Senate #1751, An Act Relative to the Crime of Assault and Battery.
Senate #965, An Act Authorizing the Town of Winthrop to use certain park land and recreational
land for school purposes.
Senate #1784, Fiscal 1999 Supplemental Budget.
I would respectfully request that a copy of this letter be printed in the Senate Journal as part of
the official record for May 6. Thank you in advance for your cooperation in this matter.
Sincerely,
CHARLES E. SHANNON,
State Senator.
On motion of Mr. Rosenberg, the above statement was ordered printed in the Journal of the Senate.
PAPERS FROM THE HOUSE.
A Bill authorizing the Division of Capital Asset Management and Maintenance to grant a conveyance of certain land in the city of Medford (House, No. 4301,— on House, No. 4082),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.
The House Bill making appropriations for the fiscal year 1999 to
provide for supplementing certain existing appropriations and for certain other activities and
projects (House, No. 4261, printed as amended),— came from the House with the
endorsement that the House had NON-concurred in the Senate amendment striking out all after
the enacting clause and inserting in place thereof the text of Senate document numbered 1784;
and by inserting before the enacting clause the following emergency preamble:—
"Whereas, The deferred operation of this act would tend to defeat its purpose, which is
immediately to make or supplement certain appropriations for the fiscal year ending June 30,
1999 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
convenience." and had asked for a committee of conference on the disagreeing votes of the two
branches; and that Representatives Haley of Weymouth, Ruane of Salem and DeFilippi of West
Springfield had been appointed the committee on the part of the House.
On motion of Ms. Wilkerson, the Senate insisted on its amendment and concurred in the
appointment of a committee of conference; and Senators Montigny, Berry and Rauschenbach
were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.
The following resolutions (having been filed with the Clerk) were
severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Pacheco) "congratulating Reed and Barton upon the celebration of its
one hundred and seventy-fifth anniversary"; and
Resolutions (filed by Mr. Shannon) "congratulating Vincent J. Vinny' Piro."
There being no objection, the following matter was taken out of the
Orders of the Day and considered, as follows:
The Senate Bill authorizing the sale of lottery tickets at the Soldiers' Home in Holyoke (Senate,
No. 360),— was read a second time and was amended, on motion of Mr. Knapik, in section
1, by adding the following two sentences:— "Any funds derived from the sale of lottery
tickets at the Soldiers' Home shall be deposited in the Home's canteen fund and shall be used
exclusively for canteen fund purposes. For the purposes of this act, canteen fund purposes shall
include, but not be limited to, social events, bingo and other entertainment activities."
The bill, as amended, was then ordered to a third reading, read a third time and passed to be
engrossed.
PAPERS FROM THE HOUSE.
A petition (accompanied by bill, House, No. 4303) of Louis L. Kafka, Jo Ann Sprague and William C. Galvin for legislation to designate a portion of state highway Route 138 in the town of Stoughton as the Veterans of Foreign Wars memorial highway,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.
On motion of Mr. Rosenberg,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at
eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of a
calendar.
On motion of Mr. Knapik, at seventeen minutes past eleven o'clock A.M., the Senate adjourned to meet on the following day at eleven o'clock A.M.