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.


Seal of the
Commonwealth of Massachusetts

Thursday, May 18, 2000.

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


Petitions were presented and referred, as follows:

By Ms. Melconian, a petition (subject to Joint Rule 12) of Linda J. Melconian, Brian P. Lees, Cheryl A. Rivera, Jack Keough and other members of the General Court for legislation relative to the Springfield Civic and Convention Center; and

By Mr. Morrissey (by request), a petition (subject to Joint Rule 12) of Jan Heatley for legislation to allow people raising or training service dogs to have the same rights as an individual with a disability under the Americans with Disabilities Act;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the House Bill making appropriations for the fiscal year 2001 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. 5101, printed as amended),— ought to pass, with an amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2200.

[Direct Appropriation: ...................................$20,591,520,968
Retained Revenue Authorization:................... $957,654,382
Total: ...........................................................$21,549,175,350.]
[NOTE: The report was received in the Office of the Clerk of the Senate on Wednesday, May 17, 2000.]
Referred, under Senate Rule 26, to the committee on Steering and Policy.

Subsequently, Mr. Brewer, for the said committee on Steering and Policy, reported that the matter be placed in the Orders of the Day for Tuesday, May 23, pursuant to the provisions of Senate Rule 27A.


A Bill establishing a sick leave bank for Barbara Milotte, an employee of the Trial Court of the Commonwealth (House, No. 5115, changed and amended,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.


Relative to the use of alternative dispute resolution (House, No. 4970, amended,— on House, No. 2546);

Authorizing the town of Bolton to borrow money for the cleanup of gasoline contamination and related costs (printed in House, No. 5136,— being a message from His Excellency the Governor); and

Authorizing the Attorney General to suspend certain labor laws in an emergency (House, No. 5172,— on House, No. 5129);
Were severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

A Bill relative to recall elections in the town of Braintree (House, No. 4858, changed,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


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

Resolutions (filed by Ms. Fargo) “honoring the memory of the late Barbara Siegal for her many years of dedicated service”;
Resolutions (filed by Mr. Hedlund) “honoring Herbert L. Jason”;
Resolutions (filed by Mr. Hedlund) “on the dedication of the memorial to Minot’s Ledge Lighthouse Keepers, Joseph Antoine and Joseph Wilson”;
Resolutions (filed by Ms. Melconian) “honoring Michael Carney”; and
Resolutions (filed by Mrs. Sprague) “congratulating Rosalie Tarchara on the occasion of her retirement.”


The Clerk read the following communication:


May 17, 2000.

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

Dear Mr. Clerk:

Due to a previously schedule engagement, I was unable to be present and vote at the formal Senate session on May 16, 2000.

Had I been present, I would have voted in the affirmative on the enactment of House Bill No. 5104, a bill providing additional funding for the Central Artery/Ted Williams Tunnel project and the statewide road and bridge program.
I ask that this communication be read and printed in the Journal of the Senate as part of the official record.

State Senator.

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

Bill Previously Recalled from the Governor

Laid Before the Senate.

The engrossed Bill relative to the annual observance of Candle Safety Day (see House, No. 5041) which, at a previous session, had been returned by His Excellency the Governor, at the request of the Senate,— was laid before the Senate.
There being no objection, on motion of Mr. Tarr, the Senate reconsidered the vote by which, at a previous session, it had passed the bill to be enacted.
On motion of the same Senator, Senate Rule 49 was suspended and the bill was amended, on motion of Ms. Murray, by striking out all after the enacting clause and inserting in place thereof the following text:—
“Chapter 6 of the General Laws is hereby amended by inserting after section 12WW, as appearing in the 1998 Official Edition, the following section:—
Section 12XX. The governor shall annually issue a proclamation setting apart the second Monday in December as Candle Safety Day to promote the safe use of candles in the commonwealth and recommending that the day be observed in an appropriate manner by the people.”
Sent to the House for concurrence in the amendment.


Committee of Conference.

The House Bill relative to nongroup health insurance products (House, No. 4993),— 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 contained in Senate document numbered 2159), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Flavin of Easthampton, Mariano of Quincy and Hahn of Westfield had been appointed the committee on the part of the House.
On motion of Mr. Moore, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Bernstein, Berry and Tarr were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Emergency Preamble Adopted.

An engrossed Bill providing for the annual observance of the month of June as Portuguese-American Month (see Senate, No. 2073, 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 3 to 0.
The bill was signed by the Acting President and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill rescinding the acceptance by the town of Canton of a certain general law (see House No. 4326) (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.

A petition (accompanied by bill, House, No. 5182) of Ruth B. Balser, Brian Paul Golden, Kevin G. Honan and Ronny M. Sydney relative to the disposition of certain surplus waterworks facilities of the Water Resources Authority and the Metropolitan District Commission located in the city of Boston,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

Ms. Creem presented the following order, to wit:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the Joint Committee on Criminal Justice shall be authorized to report not later than July 15, 2000 on Senate document numbered 2192.
There being no objection, the order was considered forthwith and adopted.

Order Adopted.

On motion of Ms. Murray,—
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 eleven minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.