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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 20, 1999.
Met at three minutes past eleven o'clock A.M. (Ms. Melconian in the Chair).
The engrossed Bill relative to the construction and financing of infrastructure and other improvements in the town of Foxborough and at Foxboro Stadium (see House Bill, printed in Senate, No. 1786, amended) (which originated in the House), having been passed to be enacted by a vote of 36 yeas to 1 nay, and signed by the President on Tuesday, May 18, 1999, was laid before the Governor for his approbation on Wednesday, May 19, 1999.
A communication from Wonderland Greyhound Park, Inc. (under the provisions of Section 2 of Chapter 128C of the General Laws) submitting copies of supplemental contracts entered into by said corporation (received Thursday, May 20, 1999), was placed on file.
A report of the Bureau of Special Investigations (under the provisions of Section 15D(6) of Chapter 22 of the General Laws submitting a report of its activities for the month of April 1999 (received Tuesday, May 18, 1999), was read and sent to the House for its information.
By Ms. Murray, for the committee on Human Services and Elderly
Affairs, on Senate, No. 587 and House, No. 790, a Bill requiring the Department of Mental
Health to notify crime victims or their families of the release of certain criminals (Senate, No.
587);
By the same Senator, for the same committee, on petition, a Bill relative to patient funds at the
Soldiers' Home in Holyoke (Senate, No. 589);
By the same Senator, for the same committee, on petition, a Bill relative to an amendment
concerning military honor guard burials for Massachusetts veterans (Senate, No. 598);
By the same Senator, for the same committee, on Senate, Nos. 601 and 615 and House, No. 256,
a Bill relative to the definition of veterans (Senate, No. 615);
By the same Senator, for the same committee, on Senate, No. 616 and House, Nos. 978, 1747
and 2353, a Bill relative to veterans' spouses (Senate, No. 616);
By the same Senator, for the same committee, on Senate, Nos. 628 and 630, a Bill further
defining the term veteran (Senate, No. 630);
By the same Senator, for the same committee, on petition, a Bill relative to the erection of the
POW-MIA eternal flame (Senate, No. 636, changed in section 2, in line item 1410-0623, by
striking out the figure "$50,000" and inserting in place thereof the figure "$100,000"); and
By Mr. Pacheco, for the committee on Natural Resources and Agriculture, on petition, a Bill
relative to conservation district supervisors (Senate, No. 982);
Severally read and, under Senate Rule 27, referred to the committee on Ways and
Means.
By Mr. Pacheco, for the committee on Natural Resources and
Agriculture, on petition, a Bill to create an exotic aquatic species control program (Senate, No.
994, changed in section 4, in line 93, by inserting after the word "commonwealth." the following
sentence "Such list shall define and differentiate between exotic aquatic plant species and those
species of exotic aquatic plants that are invasive." and by striking out the words "The list of exotic
aquatics" and inserting in place thereof the words "Such list"; by inserting, in line 124, after the
word "plants" the following words: "shall be submitted to the Joint Committee on Natural
Resources and Agriculture by the technical advisory committee 60 days prior to the final
completion of such list. In addition, said committee shall also prepare and submit to the Joint
Committee on Natural Resources and Agriculture, a report describing the methodologies for
evaluating the effectiveness of this program. Subsequently, this list");
Read and, under Senate Rule 26A, referred to the committee on Science and
Technology.
By Mr. Pacheco, for the committee on Natural Resources and
Agriculture, on petition, a Bill designating a portion of the Blackstone River and Canal Heritage
State Park as the Honorable William A. L. Bazeley Memorial Recreation Area (Senate, No.
1021);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.
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 bills
Relative to an underage law enforcement agent, acting under direct control of a police officer
and/or alcoholic beverages control commission enforcement officer, enabling them to lawfully
purchase and take possession of an alcoholic beverage in a selective liquor enforcement program
(Senate, No. 375);
Protecting consumers against additional charges from new area codes (Senate, No. 381);
Relative to municipal light department security deposits (Senate, No. 382);
Relative to the Board of State Examiners of Plumbers (Senate, No. 384);
Relative to medical examinations required by certain boards of registration (Senate, No.
416);
Further defining the practice of mental health counseling (Senate, No. 609);
Pertaining to the rights of fire fighters and police officers (Senate, No. 1238);
Pertaining to the appointment of fire fighters and police officers (Senate, No. 1251); and
Relative to the taxation of certain property of resident owners of cooperative housing
corporations (Senate, No. 1656); and
The Senate reports
Of the committee on Government Regulations, ought NOT to pass:
On the petition (accompanied by bill, Senate, No. 361) of Richard Piper for legislation to require
periodic testing of all licensed realtors in the Commonwealth;
On the petition (accompanied by bill, Senate, No. 362) of Richard Piper for legislation to require
periodic competency testing of all licensed and registered electricians in the Commonwealth;
and
On the petition (accompanied by bill, Senate, No. 363) of Richard Piper for legislation to require
periodic competency testing of all licensed and registered plumbers in the Commonwealth;
Ms. Melconian, for the committees on Rules of the two branches, acting
concurrently, reported, asking to be discharged from further consideration
Of the Senate Order relative to authorizing the joint committee on Public Service to make an
investigation and study of various Senate documents relative to disability presumptions and
retirement benefits and returning to work (Senate, No. 1790); and
Of the Senate Order relative to authorizing the joint committee on Public Service to make an
investigation and study of various Senate documents relative to collective bargaining and binding
arbitration (Senate, No. 1791);
And recommending that the same severally be referred to the Senate committee on Rules.
Under Senate Rule 36, the reports were severally considered forthwith and
accepted.
Ms. Murray, for the committee on Human Services and Elderly Affairs,
reported, asking to be discharged from further consideration of the petition (accompanied by bill,
Senate, No. 590) of Michael R. Knapik, Evelyn G. Chesky, Walter A. DeFilippi, Brian P. Lees
and Joseph F. Wagner for legislation relative to the funds received at the outpatient pharmacy at
the Soldiers' Home in Holyoke; and
Mr. Pacheco, for the committee on Natural Resources and Agriculture, reported, asking to be
discharged from further consideration of the petition (accompanied by bill, Senate, No. 1034) of
Henri S. Rauschenbach and Shirley Gomes for legislation relative to storm-damaged
property;
And recommending that the same severally be referred to the Senate committee on Ways and
Means.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence in the discharge of the joint committees.
PAPERS FROM THE HOUSE..
Messages were referred, in concurrence, as follows:Message from His Excellency the Governor recommending legislation
relative to agricultural preservation and other restrictions (House, No. 4313); and
Message from His Excellency the Governor recommending legislation relative to the approval of
licenses for activities within waterways of the Commonwealth (House, No. 4314);
Severally to the committee on Natural Resources and Agriculture.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4315) of Gale D. Candaras relative to the
Massachusetts Municipal Wholesale Electric Company (having been transmitted to the Secretary
of the Commonwealth under the provisions of Section 7 of Chapter 3 of the General Laws, and
was returned by him with memoranda relative thereto);
Under suspension of Joint Rule 9, to the committee on Government Regulations.
Petition (accompanied by bill, House, No. 4324) of Eric Turkington and
Henri S. Rauschenbach (by vote of the town) relative to authorizing the town of Oak Bluffs to
establish a reserve fund for purchasing and equipping an ambulance and other public safety
vehicles;
To the committee on Local Affairs.
Reports
Of the committee on Education, Arts and Humanities, asking to be discharged from further
consideration of the petition (accompanied by bill, House, No. 3238) of Alice K. Wolf, Steven A.
Tolman, Thomas M. McGee and Carol C. Cleven for legislation to regulate reimbursements of the
federal child and adult care fund program, and recommending that the same be referred to
the committee on Human Services and Elderly Affairs.
Of the committee on Health Care, asking to be discharged from further consideration of the
petition (accompanied by bill, House, No. 1179) of John A. Stefanini for legislation to further
define the authority of medical peer review committees, and recommending that the same
be referred to the committee on Insurance.
Of the committee on Human Services and Elderly Affairs, asking to be discharged from further
consideration of the petition (accompanied by bill, House, No. 1199) of Steven Angelo, Thomas
M. McGee, Edward J. Clancy, Jr., and Brian M. Cresta relative to the authority of the Disabled
Persons Protection Commission to seek protective orders for disabled victims of abuse,
and recommending that the same be referred to the committee on the Judiciary.
Were severally considered forthwith, under Senate Rule 36, and accepted, in
concurrence.
Reports
Of the committee on Counties, asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate, No. 123) of Stephen M. Brewer, David H. Tuttle
and John Kelstrand for legislation to regulate the recovery of lost dogs;
Of the petition (accompanied by bill, Senate, No. 124) of Stephen M. Brewer, David H. Tuttle
and John Kelstrand for legislation to extend the life of impounded dogs;
Of the petition (accompanied by bill, Senate, No. 135) of Henri S. Rauschenbach and Therese
Murray for legislation to require dog officers to report incidents of animal abuse;
Of the petition (accompanied by bill, House, No. 405) of Antonio F. D. Cabral, Mary Jeanette
Murray, Thomas J. O'Brien and Demetrius J. Atsalis that grants to political subdivisions be also
made available to the counties of the Commonwealth;
Of the petition (accompanied by bill, House, No. 406) AFSCME Council 93 and Kevin W.
Fitzgerald relative to the civil service rights of employees of the sheriff of Suffolk County;
Of the petition (accompanied by bill, House, No. 755) of Bruce J. Ayers for legislation to reform
the civil process system;
Of the petition (accompanied by bill, House, No. 1333) of Brian S. Dempsey and another relative
to the quarterly payment of court rentals to each county;
Of the petition (accompanied by bill, House, No. 1894) of Peter J. Larkin and Christopher J.
Hodgkins for legislation to exempt counties from filing fees on lake drawdowns for flood
control;
Of the petition (accompanied by bill, House, No. 2293) of Daniel E. Bosley relative to the
appointment of an advisory board on economic development in each county of the
Commonwealth;
Of the petition (accompanied by bill, House, No. 2294) of Robert Wright that the Department of
Public Health be directed to promulgate rules and regulations relative to the licensing of cats;
Of the petition (accompanied by bill, House, No. 2295) of Mary Jeanette Murray relative to the
licensing of dogs;
Of the petition (accompanied by bill, House, No. 3223) of Paul C. Casey for legislation to
establish a retained revenue account in the civil process division in the Middlesex County Sheriff's
Office;
Of the petition (accompanied by bill, House, No. 3224) of Paul Kujawski relative to the operation
of pet stores;
Of the petition (accompanied by bill, House, No. 3422) of Stephen Edgell and another relative to
the availability of the dog law booklet;
Of the petition (accompanied by resolve, House, No. 3621) of Elizabeth A. Malia for an
investigation by a special commission (including members of the General Court) relative to the
operation of county jails and houses of correction; and
Of the petition (accompanied by bill, House, No. 3804) of David H. Tuttle and Stephen M.
Brewer relative to the breeding and sale of dogs;
And recommending that the same severally be referred to the committee on Counties on the part
of the House.
Of the committee on Counties, asking to be discharged from further consideration of the petition
(accompanied by bill, House, No. 3620) of J. Mark Treadup relative to the payment of court
rentals to counties;
Of the committee on Natural Resources and Agriculture, asking to be discharged from further
consideration
Of the petition (accompanied by bill, House, No. 843) of Bruce J. Ayers relative to the funding of
waterway projects and coastal protection initiatives;
Of the petition (accompanied by bill, House, No. 1409) of Frank M. Hynes for legislation to
establish a grant program to assist cities and towns in repairing, rebuilding and restoring beaches,
shores, seawalls and other coastal property;
Of the petition (accompanied by bill, House, No. 1594) of Robert A. DeLeo, Kathi-Anne
Reinstein and Robert E. Travaglini for legislation to direct the Department of Environmental
Management to begin the dredging of Belle Isle Marsh and Winthrop Harbor;
Of the petition (accompanied by bill, House, No. 3324) of Christopher J. Hodgkins relative to the
clean lakes program; and
Of the petition (accompanied by bill, House, No. 3535) of John F. Quinn, Mark C. Montigny,
William M. Straus, Douglas W. Petersen, Robert M. Koczera and Shirley Gomes for legislation to
establish a fund for coastal infrastructure improvement; and
Of the committee on State Administration, asking to be discharged from further consideration of
the petition (accompanied by bill, Senate, No. 1429) of Stephen F. Lynch and John A. Hart, Jr.,
for legislation to authorize the Division of Capital Planning and Operations to convey permanent
and temporary easements on state property in Boston to Emerson College;
Of so much of the recommendations of the Office of the Inspector General (House, No. 82) as
relates to further regulating the establishment and administration of certain funds by state agencies
(accompanied by bill, House, No. 90);
Of the petition (accompanied by bill, House, No. 2232) of Marie J. Parente and Philip Travis
relative to the establishment of a mental health trust;
Of the petition (accompanied by bill, House, No. 2234) Marie J. Parente, Kevin G. Honan,
Vincent A. Pedone, James E. Vallee and Walter F. Timilty that the Department of the State
Auditor be authorized to conduct audits of certain municipal and county accounts;
Of the petition (accompanied by bill, House, No. 2613) of Evelyn G. Chesky relative to the rules
and regulations for the purchase of supplies and equipment by the Commonwealth; and
Of the petition (accompanied by bill, House, No. 3183) of Theodore C. Speliotis and Frederick E.
Berry relative to liability of costs to the Commonwealth and its departments involving certain
construction at Danvers State Hospital;
And recommending that the same severally be referred to the House committee on Ways and
Means.
Of the committee on State Administration, asking to be discharged from further consideration of
the petition (accompanied by bill, House, No. 1271) of Angelo M. Scaccia that the Division of
Capital Asset Management and Maintenance be authorized to acquire certain Quincy Quarry land
for reservation purposes, and recommending that the same be referred to the House
committee on Long-Term Debt and Capital Expenditures.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence,
insomuch as relates to the discharge of the joint committees.
The following resolutions (having been filed with the Clerk) were
severally considered forthwith and adopted, as follows:
Resolutions (filed by Ms. Creem) "congratulating Ethel Sheehan on her many
accomplishments";
Resolutions (filed by Mr. Knapik) "congratulating Dominick Dieni upon his retirement from the
Southwick-Tolland Regional High School";
Resolutions (filed by Mr. Lynch) "honoring Jay Hawkes on the occasion of his fiftieth
birthday";
Resolutions (filed by Mr. Lynch) "honoring Brian Wallace on being named Alumnus of the Year
by the South Boston Boys and Girls Club";
Resolutions (filed by Mr. Pacheco) "congratulating the Lakeville Lions Club on its fortieth
anniversary of service through Lionism";
Resolutions (filed by Mr. Pacheco) "honoring Jason Daniel Emord of Bridgewater upon his
elevation to the rank of Eagle Scout";
Resolutions (filed by Mr. Pacheco) "honoring Adam Patrick Lipper of Bridgewater upon his
elevation to the rank of Eagle Scout";
Resolutions (filed by Mr. Pacheco) "honoring Jeffrey Ernest Moyer of Bridgewater upon his
elevation to the rank of Eagle Scout";
Resolutions (filed by Mr. Pacheco) "honoring Michael Anthony Resmini of Bridgewater upon his
elevation to the rank of Eagle Scout";
Resolutions (filed by Mr. Pacheco) "honoring Aaron Daniel Sesin of Bridgewater upon his
elevation to the rank of Eagle Scout";
Resolutions (filed by Mr. Pacheco) "honoring Michael Edward Zeller of Bridgewater upon his
elevation to the rank of Eagle Scout";
Resolutions (filed by Mrs. Sprague) "congratulating Christopher Michael Niles of Medfield upon
his elevation to the rank of Eagle Scout"; and
Resolutions (filed by Ms. Wilkerson) "congratulating Thelma White on the occasion of her
retirement".
On motion of Mr. Moore,
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 six minutes past eleven o'clock A.M., the Senate adjourned to meet on
the following Monday at eleven o'clock A.M.