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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. |
Thursday, May 14, 1998.
Met at twenty-six minutes past one o'clock P.M.
Communications from the various Regional Employment and Training
Boards (under the provisions of Section 105(a)(1) of P.L. 97-300, the Federal Job Training
Partnership Act of 1982) submitting copies of the employment and training plan modifications
for fiscal year 1999-2000:
From the Greater Lowell Regional Employment Board for the Southern Essex and Northern
Middlesex service delivery areas (received Wednesday, February 25, 1998);
From the North Central Massachusetts Regional Employment Board for the North Central
service delivery area (received Monday, March 2, 1998);
From the Bristol County Training Consortium (received Friday, April 3, 1998);
From the Job Training and Employment Corporation for the Cape Cod, Martha's Vineyard and
Nantucket service delivery area (received Wednesday, April 8, 1998);
From Mount Wachusett Community College for the dislocated worker services unit of the
Career Center of North Central Massachusetts (received Thursday, April 9, 1998);
From the Metro South/West Regional Employment Board (received Thursday, April 9,
1998);
From the Hampden County Employment and Training Consortium for the Hampden County
service delivery area (received Thursday, April 9, 1998);
From the Metro North Regional Employment Board (received Friday, April 10, 1998);
From the Lower Merrimack Valley Regional Employment Board (received Friday, April 10,
1998);
From the Office of Jobs and Community service in the City of Boston (received Friday, April
10, 1998);
From the Brockton Regional Employment Board (received Friday, April 10, 1998);
From New Directions for the New Bedford service delivery area (received Friday, April 10,
1998);
From Career Center of North Central Massachusetts (received Friday, April 10, 1998);
From the South Coastal Career Development Administration for the South Coastal service
delivery area (received Monday, April 13, 1998);
From the Worcester City Manager's Office of Employment and Training for the Southern
Worcester County service delivery area (received Monday, April 13, 1998);
From the Franklin/Hampshire Private Industry Council for the Franklin/Hampshire service
delivery area (received Monday, April 13, 1998); and
From the Berkshire Training and Employment Program for the Berkshire County service
delivery area (received Monday, April 13, 1998);
Were severally read and placed on file.
Mr. Tarr presented a petition (accompanied by bill, Senate, No. 2212)
of Bruce E. Tarr and Forrester A. Clark, Jr. (by vote of the town) for legislation relative to the
operation of the Ipswich system of sewers, and the same was referred, under Senate
Rule 20, to the committee on Local Affairs.
Sent to the House for concurrence.
By Mr. Morrissey, for the committee on Government Regulations, on
petition (accompanied by bill, Senate, No. 2147), a Bill regulating telephone sales of state lottery
wagers or tickets (Senate, No. 2211);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.
By Mr. Morrissey, for the committee on Government Regulations, on
Senate, Nos. 2052 and 2086, a Bill relative to the Board of State Examiners of Plumbers
(Senate, No. 2052); and
By Ms. Fargo, for the committee on Local Affairs, on the message of His Honor the
Lieutenant-Governor, Acting Governor, a Bill validating the action taken at the annual town
meeting of the town of Brookline (printed in Senate, No. 2198);
Severally read and, under Senate Rule 26, referred to the committee on Steering and
Policy.
By Ms. Fargo, for the committee on Local Affairs, on petition, a Bill
authorizing the release of certain easements in the city of Worcester (Senate, No. 2200)
[Local
approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next
session.
By Mr. Morrissey, for the committee on Government Regulations,
ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1892) of Andrea F.
Nuciforo, Jr., and others (with the approval of the mayor and city council) for legislation to
authorize the city of Pittsfield to sell alcoholic beverages not to be drunk on the premises on
Sundays and legal holidays;
Referred, under Senate Rule 36, to the committee on Steering and Policy.
Mr. Clancy, for the committee on Rules, reported, in part, on the
Senate Order relative to authorizing the joint committee on the Judiciary to sit during the recess
of the General Court for the purpose of making an investigation and study of certain current
Senate and House documents (Senate, No. 1869), asking to be discharged from further
consideration
Of the petition (accompanied by bill, Senate, No. 845) of the Massachusetts District Attorneys
Association, by Thomas F. Reilly, president, William R. Keating, John D. O'Brien, James P.
Jajuga and L. Scott Harshbarger, Attorney General, for legislation relative to the assessment of
costs and attorneys' fees in interlocutory appeals; and
Of the petition (accompanied by bill, Senate, No. 926) of Charles E. Shannon for legislation
relative to mechanics liens for labor and materials;
And recommending that the same severally be recommitted to the committee on the
Judiciary.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
A Bill making appropriations for the fiscal year nineteen hundred and ninety-nine for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 5501, printed as amended, on House, No. 1A, in part), was read and, under Senate Rule 27, referred to the committee on Ways and Means.
A Bill relative to a certain easement in the town of Wilmington (printed in House, No. 5268, being a Message from His Honor the Lieutenant-Governor, Acting Governor), was read and, under Senate Rule 26, referred to the committee on Steering and Policy.
The Orders of the Day were considered, as follows:
Bills
To maintain privacy (Senate, No. 2144);
Authorizing the Lynn Water and Sewer Commission to enter into contracts for the lease,
financing, design and construction of modifications for the water works system and sewer works
system and the operation, maintenance, repair and replacement of the water and wastewater
treatment plants, pump stations and combined sewer overflow consolidation and treatment
facilities (Senate, No. 2192);
Authorizing the Governor to designate an additional justice of the peace in the town of West
Bridgewater (House, No. 293);
Relative to production of records for review by the State Auditor (House, No. 2780);
Authorizing the city of Worcester to convey a conservation restriction to the Greater Worcester
Land Trust, Inc. (House, No. 4814);
Relative to the membership of the conservation commission of the town of West Tisbury
(House, No. 5182);
Relative to the membership of the conservation commission of the town of Falmouth (House,
No. 5193);
Relative to a certain retired employee of the town of Reading (House, No. 5389); and
Authorizing the Registrar of Motor Vehicles to update address information (House, No.
5401);
Were severally read a second time and ordered to a third reading.
The Senate bills
To improve access to services of a nurse midwife (Senate, No. 2204); and
Correcting and extending the one trial system for civil cases in Norfolk and Middlesex counties
(Senate, No. 2205);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.
The House Bill relative to the transfer of certain fishing licenses
(House, No. 91, was read a third time and passed to be engrossed, in
concurrence.
Sent to the House for concurrence in the amendment previously adopted by the Senate.
The House Bill relative to certain transactions by the Massachusetts Water Resources Authority (House, No. 3680, changed), was read a second time and ordered to a third reading.
The Senate Bill providing for the distribution of information to certain
non-custodial parents of children enrolled in elementary and secondary schools (Senate, No.
270, changed), was read a third time.
Mr. Magnani moved that the bill be amended by substituting a new draft entitled "An Act
providing for the distribution of information to certain parents of children enrolled in elementary
and secondary schools." (Senate, No. 2209).
The amendment was adopted.
After remarks, the question on passing the bill to be engrossed was determined by a call of the
yeas and nays, at twenty-seven minutes before two o'clock P.M., on motion of Mr. Magnani, as
follows, to wit (yeas 37 nays 0):
| Amorello, Matthew J. | Montigny, Mark C. |
| Antonioni, Robert A. | Moore, Richard T. |
| Bernstein, Robert A. | Morrissey, Michael W. |
| Berry, Frederick E. | Murray, Therese |
| Brewer, Stephen M. | Nuciforo, Andrea F., Jr. |
| Clancy, Edward J., Jr. | O'Brien, John D. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Fargo, Susan C. | Panagiotakos, Steven C. |
| Havern, Robert A. | Pines, Lois G. |
| Hedlund, Robert L. | Rauschenbach, Henri S. |
| Jacques, Cheryl A. | Rosenberg, Stanley C. |
| Jajuga, James P. | Shannon, Charles E. |
| Joyce, Brian A. | Tarr, Bruce E. |
| Keating, William R. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Warren E. |
| Lees, Brian P. | Travaglini, Robert E. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne. |
| Melconian, Linda J. |
37.
| Durand, Robert A. | Norton, Thomas C. |
2.
The yeas and nays having been completed at twenty-two minutes
before two o'clock P.M., the new draft (Senate, No. 2209) was passed to be engrossed.
Sent to the House for concurrence.
The Senate Bill relative to certain blood tests (Senate, No. 742,
changed), was read a third time.
Mr. Brewer moved that the bill be amended by substituting a new draft with the same title
(Senate, No. 2210). The amendment was adopted.
The new draft (Senate, No. 2210) was then passed to be engrossed.
Sent to the House for concurrence.
The Senate Bill defining child care resources and referral agencies
(Senate, No. 2203), was read a third time; and, after remarks, it was passed to be
engrossed.
Sent to the House for concurrence.
The Senate Bill relative to reverse mortgage loans (Senate,
No. 2206), was read third time.
Mr. Rosenberg and Ms. Walsh moved that the bill be amended, in section 1, by striking out, in
line 27, the words "sale or transfer of" and inserting in place thereof the following
words: "conveyance of title to"; in said section 1, by striking out, in lines 46 to 51,
inclusive, the words "provided that such method of calculation may, subject to the approval of
the commissioner, include, provide for compound interest and may also, at the option of the
borrower, be contingent on the value of the property at closing or at maturity, or on changes in
the value of said property between closing and maturity" and inserting in place thereof the
following words: "quote and, at the option of the borrower, may be contingent on the
value of the mortgaged real estate at closing or at maturity or on changes in said value during the
period between closing and maturity"; in said section 1, by striking out subparagraph (6), in
lines 52 to 54, inclusive, and inserting in place thereof the following subparagraph:
"(6) the method of disbursement of the proceeds of the loan to the borrower; provided, however,
that at the request of the borrower. disbursement may be made to a third party pursuant to the
terms of the loan agreement"; in said section 1, by striking out the paragraph, in lines 85 to 94,
inclusive, and inserting in place thereof the following paragraph:
"A bank shall not make a reverse mortgage loan as provided in this section until it has received a
notice, in writing, that the prospective borrower has completed a reverse mortgage counseling
program which has been approved by the executive office of elder affairs and which shall
include instruction on reverse mortgage loans. Any such program shall include, but is not limited
to, the subject matter of subparagraphs (1) to (9), inclusive, with respect to all reverse mortgage
loan programs approved by the commissioner pursuant to this section. For the purpose of
providing such counseling, said executive office of elder affairs shall establish and maintain a
list of counseling programs approved by it and shall make such list available to all banks and to
the public";
In section 2, by striking out, in line 26 the words "sale or transfer of" and inserting in place
thereof the following words: "conveyance of title to"; in said section 2, by striking out,
in lines 49 to 54, inclusive, the words "provided that such method of calculation may, subject to
the approval of the commissioner provide for compound interest and may also, at the option of
the borrower, be contingent on the value of the property at closing or at maturity, or on changes
in the value of said property between closing and maturity" and inserting in place thereof the
following words: "and, at the option of the borrower, may be contingent on the value of
the mortgaged real estate at closing or at maturity or on changes in said value during the period
between closing and maturity"; in said section 2, by striking out the subparagraph, in lines 55 to
57, inclusive, and inserting in place thereof the following subparagraph:
"(6) the method of disbursement of the proceeds of the loan to the borrower; provided. however,
that at the request of the borrower, disbursement may be made to a third party pursuant to the
terms of the loan agreement."; and, in said section 2, by striking out the paragraph, in lines 92 to
100, inclusive and inserting in place thereof the following paragraph:
"A credit union shall not make a reverse mortgage loan as provided for in this section until it
has received notice, in writing, that the prospective borrower has completed a reverse mortgage
counseling program which has been approved by the executive office of elder affairs and which
shall include instruction on reverse mortgage loans. Any such program shall include. but is not
limited to, the subject matter of subparagraphs (1) to (9), inclusive, of this section with respect to
all reverse mortgage loan programs approved by the commissioner pursuant to this section. For
the purpose of providing such counseling, said executive office of elder affairs shall establish
and maintain a list of counseling programs approved by it and shall make such list available to
all credit unions and to
the public."
The amendment was adopted. The bill, as amended, was then passed to be engrossed.
Subsequently, there being no objection, on motion of Ms. Walsh, the Senate considered no
action having been taken on the question on passing the bill to be engrossed.
After remarks, the recurring question on passing the bill to be engrossed was determined by a
call of the yeas and nays, at ten minutes before two o'clock P.M., on motion of Ms. Walsh, as
follows, to wit (yeas 37 nays 0):
| Amorello, Matthew J. | Montigny, Mark C. |
| Antonioni, Robert A. | Moore, Richard T. |
| Bernstein, Robert A. | Morrissey, Michael W. |
| Berry, Frederick E. | Murray, Therese |
| Brewer, Stephen M. | Nuciforo, Andrea F., Jr. |
| Clancy, Edward J., Jr. | O'Brien, John D. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Fargo, Susan C. | Panagiotakos, Steven C. |
| Havern, Robert A. | Pines, Lois G. |
| Hedlund, Robert L. | Rauschenbach, Henri S. |
| Jacques, Cheryl A. | Rosenberg, Stanley C. |
| Jajuga, James P. | Shannon, Charles E. |
| Joyce, Brian A. | Tarr, Bruce E. |
| Keating, William R. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Warren E. |
| Lees, Brian P. | Travaglini, Robert E. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne. |
| Melconian, Linda J. |
37.
| Durand, Robert A. | Norton, Thomas C. |
2.
The yeas and nays having been completed at six minutes before
two o'clock P.M., the bill (Senate, No. 2214, printed as amended) was passed to be engrossed.
Sent to the House for concurrence.
The House Bill establishing a commission on the status of women
(House, No. 5199, amended), was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the
yeas and nays, at two minutes past two o'clock P.M., on motion of Ms. Melconian, as follows, to
wit (yeas 37 nays 0):
| Amorello, Matthew J. | Montigny, Mark C. |
| Antonioni, Robert A. | Moore, Richard T. |
| Bernstein, Robert A. | Morrissey, Michael W. |
| Berry, Frederick E. | Murray, Therese |
| Brewer, Stephen M. | Nuciforo, Andrea F., Jr. |
| Clancy, Edward J., Jr. | O'Brien, John D. |
| Creedon, Robert S., Jr. | Pacheco, Marc R. |
| Fargo, Susan C. | Panagiotakos, Steven C. |
| Havern, Robert A. | Pines, Lois G. |
| Hedlund, Robert L. | Rauschenbach, Henri S. |
| Jacques, Cheryl A. | Rosenberg, Stanley C. |
| Jajuga, James P. | Shannon, Charles E. |
| Joyce, Brian A. | Tarr, Bruce E. |
| Keating, William R. | Tisei, Richard R. |
| Knapik, Michael R. | Tolman, Warren E. |
| Lees, Brian P. | Travaglini, Robert E. |
| Lynch, Stephen F. | Walsh, Marian |
| Magnani, David P. | Wilkerson, Dianne. |
| Melconian, Linda J. |
37.
| Durand, Robert A. | Norton, Thomas C. |
2.
Ms. Melconian in the Chair, the yeas and nays having been completed at eight minutes past two o'clock P.M., the bill was passed to be engrossed, in concurrence.
There being no objection, during consideration of the Orders of the Day, the President introduced, seated in the Senate gallery, the fourth grade class of Saint Mary's of the Hills School in Milton. The students were accompanied by their teacher, Kathy Hurley. They were the guests of Senator Joyce.
The President in the Chair, the House Bill relative to removal of eggs from female lobsters (House, No. 5246), was read a third time and passed to be engrossed, in concurrence.
The House Bill further regulating junior operators' licenses (House,
No. 5339), was read a third time (its title having been changed by the committee on Bills
in the Third Reading).
Pending the question on passing the bill to be engrossed,
Mr. Morrissey moved that the bill be amended, in section 3, by inserting after the word
"vehicle", in line 36, the following words: "after 7:00 p.m.".
After remarks, the amendment was rejected.
Mr. Keating moved that the bill be amended by inserting after section 7 the following
section:
"Section 7A. Section 34A of chapter 138 of the General Laws, as so appearing, is hereby
amended by inserting after the word "vehicle" in line 20, the following words: provided,
however, that in the case of a person holding a junior operators' license pursuant to section 8 of
chapter 90, such suspension shall be for a period of 180 days.".
After remarks, the amendment was adopted. Subsequently, there being no objection, on motion
of Mr. Keating, the Senate considered no action having been taken on this amendment. There
being no objection, on motion of Mr. Keating, the amendment was withdrawn.
Mr. Keating then moved that the bill be amended by inserting after section 7 the following
section:
"Section 7A. Section 34A of chapter 138 of the General Laws, as so appearing, is hereby
amended by striking out, in line 19, the word "ninety" and replacing it with the following
figure: '180'."
After remarks, the amendment was adopted.
Mr. Rosenberg moved to further amend the bill, in section 3, by striking out, in line 60, the word
"section" and inserting in place thereof the following word: "paragraph".
The amendment was adopted.
Ms. Melconian, Ms. Murray, Mr. Rosenberg and Ms. Jacques moved to further amend the bill, in
section 3, by inserting, after the word "operator", in line 37, the following words "or an
immediate family member of the operator".
After debate, the question on adoption of the amendment was determined by a call of the yeas
and nays, at twenty minutes before three o'clock P.M., on motion of Mr. Panagiotakos, as
follows, to wit (yeas 25 nays 11):
| Bernstein, Robert A. | Melconian, Linda J. |
| Berry, Frederick E. | Montigny, Mark C. |
| Brewer, Stephen M. | Morrissey, Michael W. |
| Clancy, Edward J., Jr. | Murray, Therese |
| Creedon, Robert S., Jr. | Nuciforo, Andrea F., Jr. |
| Havern, Robert A. | O'Brien, John D. |
| Hedlund, Robert L. | Pacheco, Marc R. |
| Jacques, Cheryl A. | Rosenberg, Stanley C. |
| Jajuga, James P. | Shannon, Charles E. |
| Joyce, Brian A. | Tarr, Bruce E. |
| Knapik, Michael R. | Tisei, Richard R. |
| Lees, Brian P. | Travaglini, Robert E. |
| Magnani, David P. |
25.
| Amorello, Matthew J. | Panagiotakos, Steven C. |
| Antonioni, Robert A. | Pines, Lois G. |
| Fargo, Susan C. | Rauschenbach, Henri S. |
| Keating, William R. | Tolman, Warren E. |
| Lynch, Stephen F. | Walsh, Marian. |
| Moore, Richard T. |
11.
| Durand, Robert A. | Wilkerson, Dianne. |
| Norton, Thomas C. |
3.
The yeas and nays having been completed at fifteen minutes before three o'clock P.M., the amendment was adopted.
Mr. Panagiotakos moved to further amend the bill by striking out
section 9; and by striking out the emergency preamble.
The amendment was adopted.
After debate, the question on passing the bill to be engrossed was determined by a call of the
yeas and nays, at one minute before three o'clock P.M., on motion of Ms. Melconian, as follows,
to wit (yeas 36 nays 0):
| Amorello, Matthew J. | Melconian, Linda J. |
| 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. | O'Brien, John D. |
| Fargo, Susan C. | Pacheco, Marc R. |
| Havern, Robert A. | Panagiotakos, Steven C. |
| Hedlund, Robert L. | Pines, Lois G. |
| Jacques, Cheryl A. | Rauschenbach, Henri S. |
| Jajuga, James P. | Rosenberg, Stanley C. |
| Joyce, Brian A. | Shannon, Charles E. |
| Keating, William R. | Tarr, Bruce E. |
| Knapik, Michael R. | Tisei, Richard R. |
| Lees, Brian P. | Tolman, Warren E. |
| Lynch, Stephen F. | Travaglini, Robert E. |
| Magnani, David P. | Walsh, Marian. |
36.
| Durand, Robert A. | Wilkerson, Dianne. |
| Norton, Thomas C. |
3.
The yeas and nays having been completed at three minutes past
three o'clock P.M., the bill was passed to be engrossed, in concurrence, with the amendments.
[For text of Senate amendments, printed as amended, see Senate, No. 2215].
Sent to the House for concurrence in the amendments.
The House Bill regulating the siting of communication towers (House,
No. 5355) was considered, the main question being on ordering the bill to a third
reading.
Mr. Morrissey, Ms. Jacques, Mr. Nuciforo, Ms. Walsh, Messrs. Antonioni, Lynch, Panagiotakos
and Bernstein and Ms. Fargo, Messrs. Rauschenbach, Havern, O'Brien and Tarr moved that the
bill be amended by striking out all after the enacting clause and inserting in place thereof the
following text:
"Section 3 of chapter 40A of the General Laws, as most recently amended by section 66 of
chapter 164 of the acts of 1997, is hereby further amended by inserting after the word 'public.',
in line 49, the following new paragraph:
Notwithstanding any general or special law to the contrary, providers of personal wireless
services as defined in section 704 of the Telecommunications Act of 1996 shall not be
considered public service corporations. The provisions of this paragraph shall apply to every city
or town, including, but not limited to the city of Boston and the city of Cambridge.".
The amendment was adopted.
The bill, as amended, was then ordered to a third reading.
An engrossed Bill providing for the use of certain types of securities in the financing of the Central Artery/Ted Williams Tunnel Project (see House, No. 5478, amended) (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, after remarks, Ms. Melconian in the Chair, this being a bill providing for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII 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 twelve minutes past three o'clock P.M., as follows, to wit (yeas 37 nays 0):
| Amorello, Matthew J. | Jacques, Cheryl A. |
| Antonioni, Robert A. | Jajuga, James P. |
| Bernstein, Robert A. | Joyce, Brian A. |
| Berry, Frederick E. | Keating, William R. |
| Brewer, Stephen M. | Knapik, Michael R. |
| Clancy, Edward J., Jr. | Lees, Brian P. |
| Creedon, Robert S., Jr. | Lynch, Stephen F. |
| Fargo, Susan C. | Magnani, David P. |
| Havern, Robert A. | Melconian, Linda J. |
| Hedlund, Robert L. | Montigny, Mark C. |
| Moore, Richard T. | Rosenberg, Stanley C. |
| Morrissey, Michael W. | Shannon, Charles E. |
| Murray, Therese | Tarr, Bruce E. |
| Nuciforo, Andrea F., Jr. | Tisei, Richard R. |
| O'Brien, John D. | Tolman, Warren E. |
| Pacheco, Marc R. | Travaglini, Robert E. |
| Panagiotakos, Steven C. | Walsh, Marian |
| Pines, Lois G. | Wilkerson, Dianne. |
| Rauschenbach, Henri S. |
37.
| Durand, Robert A. | Norton, Thomas C. |
2.
The yeas and nays having been completed at seventeen minutes past 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 President and laid before the Acting Governor for his approbation.
The President in the Chair, an engrossed Bill relative to a certain conservation restriction in the town of Sudbury (see House Bill, printed in House, No. 5428) (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 past three o'clock P.M., as follows, to wit (yeas 36 nays 0):
| Amorello, Matthew J. | Montigny, Mark C. |
| Antonioni, Robert A. | Moore, Richard T. |
| Bernstein, Robert A. | Morrissey, Michael W. |
| Berry, Frederick E. | Murray, Therese |
| Brewer, Stephen M. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | O'Brien, John D. |
| Fargo, Susan C. | Pacheco, Marc R. |
| Havern, Robert A. | Panagiotakos, Steven C. |
| Hedlund, Robert L. | Pines, Lois G. |
| Jacques, Cheryl A. | Rauschenbach, Henri S. |
| Jajuga, James P. | Rosenberg, Stanley C. |
| Joyce, Brian A. | Shannon, Charles E. |
| Keating, William R. | Tarr, Bruce E. |
| Knapik, Michael R. | Tisei, Richard R. |
| Lees, Brian P. | Tolman, Warren E. |
| Lynch, Stephen F. | Travaglini, Robert E. |
| Magnani, David P. | Walsh, Marian |
| Melconian, Linda J. | Wilkerson, Dianne. |
36.
| Clancy, Edward J., Jr. | Norton, Thomas C. |
| Durand, Robert A. |
3.
The yeas and nays having been completed at twenty-one minutes past 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 President and laid before the Acting Governor for his approbation.
An engrossed Bill authorizing the city of Everett to use certain park land for school purposes (see Senate, No. 1792) (which originated in the Senate), 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 twenty-two minutes past three o'clock P.M., as follows, to wit (yeas 36 nays 0):
| Amorello, Matthew J. | Montigny, Mark C. |
| Antonioni, Robert A. | Moore, Richard T. |
| Bernstein, Robert A. | Morrissey, Michael W. |
| Berry, Frederick E. | Murray, Therese |
| Brewer, Stephen M. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | O'Brien, John D. |
| Fargo, Susan C. | Pacheco, Marc R. |
| Havern, Robert A. | Panagiotakos, Steven C. |
| Hedlund, Robert L. | Pines, Lois G. |
| Jacques, Cheryl A. | Rauschenbach, Henri S. |
| Jajuga, James P. | Rosenberg, Stanley C. |
| Joyce, Brian A. | Shannon, Charles E. |
| Keating, William R. | Tarr, Bruce E. |
| Knapik, Michael R. | Tisei, Richard R. |
| Lees, Brian P. | Tolman, Warren E. |
| Lynch, Stephen F. | Travaglini, Robert E. |
| Magnani, David P. | Walsh, Marian |
| Melconian, Linda J. | Wilkerson, Dianne. |
36.
| Clancy, Edward J., Jr. | Norton, Thomas C. |
| Durand, Robert A. |
3.
The yeas and nays having been completed at twenty-six minutes past 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 President and laid before the Acting Governor for his approbation.
The engrossed Bill regulating set off mutual debts and credits
involving an insolvent insurer (see Senate, No. 623) which, on Thursday, March 12, 1998, had
been laid before His Honor the Lieutenant-Governor, Acting Governor, for his approbation, and
which, at eleven minutes before five o'clock P.M., on Friday, March 20, 1998, had been
returned by the Acting Governor, under Article 11 of Section I of Chapter I of Part the Second
of the Constitution, to the Senate Clerk, together with his objections thereto in writing,
was laid before the Senate.
The message (Senate, No. 2148) was read and the Senate proceeded to reconsider the bill, in
accordance with the provisions of the Constitution.
The question on passing the bill, the objections of His Honor the Lieutenant-Governor, Acting
Governor, to the contrary notwithstanding, was determined by a call of the yeas, and nays, at
twenty-seven minutes past three o'clock P.M., as follows, to wit (yeas 35 nays 0):
| Amorello, Matthew J. | Montigny, Mark C. |
| Antonioni, Robert A. | Moore, Richard T. |
| Bernstein, Robert A. | Morrissey, Michael W. |
| Berry, Frederick E. | Murray, Therese |
| Brewer, Stephen M. | Nuciforo, Andrea F., Jr. |
| Creedon, Robert S., Jr. | O'Brien, John D. |
| Fargo, Susan C. | Pacheco, Marc R. |
| Havern, Robert A. | Panagiotakos, Steven C. |
| Hedlund, Robert L. | Pines, Lois G. |
| Jacques, Cheryl A. | Rauschenbach, Henri S. |
| Jajuga, James P. | Rosenberg, Stanley C. |
| Joyce, Brian A. | Shannon, Charles E. |
| Keating, William R. | Tarr, Bruce E. |
| Knapik, Michael R. | Tisei, Richard R. |
| Lees, Brian P. | Tolman, Warren E. |
| Lynch, Stephen F. | Travaglini, Robert E. |
| Magnani, David P. | Wilkerson, Dianne. |
| Melconian, Linda J. |
35.
| Clancy, Edward J., Jr. | Norton, Thomas C. |
| Durand, Robert A. | Walsh, Marian. |
4.
The yeas and nays having been completed at half past three
o'clock P.M., the bill was passed by the Senate, notwithstanding the objections of the Acting
Governor, two-thirds of the members present having agreed to pass the same.
Sent to the House for its action.
The following engrossed bills (the first two of which originated in the
Senate), 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 Acting Governor for his approbation, to wit:
Providing consumer protection relative to the sale of insurance by banks (see Senate, No. 1948,
amended);
Authorizing the issuance of two additional licenses for the sale of all alcoholic beverages to be
drunk on the premises in the town of Bellingham (see Senate, No. 1992, amended);
Relative to the form of government of the town of Sheffield (see House, No. 4679);
Establishing a board of water and sewer commissioners in the town of West Stockbridge (see
House, No. 4817); and
Providing for the appointment of a treasurer/collector in the town of Egremont (see House, No.
5098).
An engrossed Bill authorizing certain conveyances in the town of
Wilbraham (see Senate, No. 2196), 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 6 to 0.
The bill was signed by the President and sent to the House for enactment.
By Mr. Clancy, 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, Ronald Mariano, Michael G. Bellotti and A. Stephen Tobin (with the approval of the
mayor and the city council) for legislation relative to the appointment of Joseph Jackson, Jr., and
Thomas F. Bamberry, Jr., to the fire department of the city of Quincy.
Senate Rule 36 was suspended, on motion of Mr. Morrissey, 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.
Sent to the House for concurrence.
Ms. Pines presented the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the joint committee on
Natural Resources and Agriculture be granted until May 28, 1998, within which to make its final
report on current Senate document numbered 2171, legislation relative to creating an exotic
aquatic species plant control program.
The order was considered forthwith, and adopted.
Sent to the House for concurrence.
A petition (accompanied by bill, House, No. 5514) of M. Paul Iannuccillo (with the approval of the mayor and city council) for legislation to provide that the director of public works of the city of Lawrence be a member ex-officio of the Greater Lawrence Sanitary District, was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Natural Resources and Agriculture.
Resolutions (filed by Mr. Keating) "congratulating Richard Charette
upon the occasion of his retirement as veterans' agent for the town of Norton", were referred,
under the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Mr. Lees) "on the occasion of the one hundredth
anniversary of the Envelope Division of Westvaco Corporation", were referred, under the rule,
to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Mr. Montigny) "honoring former Senator Louis
Bertonazzi", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Mr. Montigny) "honoring former Representative
John E. McDonough", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Mr. Montigny) "honoring David H. Mulligan,
former commissioner of the Massachusetts Department of Public Health", were referred, under
the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Mr. Pacheco) "honoring Bernadette L.
Hemingway for her many years of service as the town clerk of Carver", were referred, under the
rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Mr. Shannon) "congratulating firefighter Philip
R. Crispo on the occasion of his retirement from the Somerville Fire Department", were
referred, under the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Messrs. Shannon and Birmingham) "honoring
the Somerville Home upon the occasion of its one hundredth anniversary", were referred, under
the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Mr. Tolman) "commemorating the one
hundredth anniversary of the Oakley Country Club and the unveiling of the Donald Ross
portrait", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Ms. Walsh) "congratulating Mary E. (O'Brien)
Geary on the happy occasion of her eightieth birthday", were referred, under the rule, to the
committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
Resolutions (filed by Ms. Wilkerson) "on the occasion of the
retirement of Helen Cox", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Clancy, for the said committee, reported, recommending that the
resolutions ought to be adopted; and they were considered forthwith, under a suspension of the
rules, moved by Ms. Fargo, and adopted.
An engrossed Bill authorizing the Division of Capital Planning and
Operations to enter into a lease of certain property with the town of Chelmsford (see House, No.
5340, 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 10 to
0.
The bill was signed by the President and sent to the House for enactment.
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 twenty-one minutes before four o'clock P.M., the Senate adjourned to meet on the following Monday at eleven o'clock A.M.