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 theCommonwealth of Massachusetts

Monday, June 21, 1999.

Met at three minutes past eleven o'clock A.M. (Ms. Melconian in the Chair).

 

Petition.

Mr. Clancy presented a petition (accompanied by bill, Senate, No. 1860) of Edward J. Clancy, Jr., Robert F. Fennell, Steven Angelo and Thomas M. McGee (with the approval of the mayor and city council) for legislation to provide for the establishment of a traffic commission in the city of Lynn [Local approval received],- and the same was referred, under Senate Rule 20, to the committee on Local Affairs.

Sent to the House for concurrence.

 

Reports of Committees.

By Mr. Jajuga, for the committee on Public Safety, on petition (accompanied by bill, Senate, No. 1094), an Order relative to authorizing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a certain current Senate document numbered 1094 relative to the sale of electric vehicles (Senate, No. 1835);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1121), an Order relative to authorizing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 1121 relative to toll exemptions (Senate, No. 1836);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1177), an Order relative to authorizing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 1177 relative to providing for voluntary identification cards for persons under the age of eighteen (Senate, No. 1837);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, Nos. 1062, 1077, 1078, 1089, 1118 and 1126), an Order relative to authorizing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of Senate documents relative to highway and motor vehicle safety (Senate, No. 1838);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1141), an Order relative to authorizing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of Senate document numbered 1141 relative to preventing blindness in Massachusetts fund (Senate, No. 1839);

By the same Senator, for the same committee, on Senate, Nos. 1083, 1099, 1115, 1123 and 1172, an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of various Senate documents relative to corrections (Senate, No. 1840);

By the same Senator, for the same committee, on Senate, Nos. 1071, 1127, 1147, 1148, 1149, 1159, 1167, 1169 and 1175, an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of various Senate documents relative to motor vehicles (Senate, No. 1841);

By the same Senator, for the same committee, on Senate, Nos. 1079, 1144, 1152 and 1160, an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of various Senate documents relative to handicapped driving and parking (Senate, No. 1845);

By the same Senator, for the same committee, on Senate, Nos. 1087 and 1163, an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of various Senate documents relative to safety belts on school buses and transportation of children (Senate, No. 1846);

By the same Senator, for the same committee, on Senate, Nos. 1092 and 1155 and House, Nos. 139 and 3731, an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of various Senate documents relative to the Massachusetts Prison Industries Enhancement Program (Senate, No. 1847);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1097), an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a Senate document relative to former prisoners of war (Senate, No. 1848);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1109), an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a Senate document relative to police jurisdiction (Senate, No. 1849);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1110), an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a Senate document relative to revocation of driver's license (Senate, No. 1850);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1145), an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a Senate document relative to leasing a motor vehicle (Senate, No. 1851);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1156), an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a Senate document relative to motor vehicle traffic at Bridgewater State College (Senate, No. 1852);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1179), an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a Senate document relative to distinctive license plates recognizing labor's contributions (Senate, No. 1853); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1180), an Order relative to author izing the joint committee on Public Safety to sit during the recess of the General Court for the purpose of making an investigation and study of a Senate document relative to traffic stops (Senate, No. 1854);

Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

 

By Mr. Jajuga, for the committee on Public Safety, on petition, a Bill establishing a special commission to study mandatory firefighter training (Senate, No. 1086);

Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

 

By Mr. Antonioni, for the committee on Education, Arts and Humanities, on Senate, No. 237 and House, Nos. 1154 and 3442, a Bill to provide access to funding for all day kindergarten programs (Senate, No. 237);

By the same Senator, for the same committee, on Senate, No. 272 and House, Nos. 952, 1717, 1911, 2527 and 3482, a Bill to promote out-of-school time programming and community education for children and families in the Commonwealth (Senate, No. 1844);

By the same Senator, for the same committee, on Senate, No. 274 and House, Nos. 2496 and 4188, a Bill relative to truancy (Senate, No. 1855) [Local approval received on House, No. 2496];

By Mr. Jajuga, for the committee on Public Safety, on Senate, Nos. 1066 and 1165, a Bill authorizing the use of distinctive registration plates for surviving spouses of deceased veterans (Senate, No. 1066);

By the same Senator, for the same committee, on petition, a Bill to establish a state karate commission (Senate, No. 1098);

By the same Senator, for the same committee, on Senate, No. 1103 and House, No. 3343, a Bill creating a University of Massachusetts license plate (Senate, No. 1103);

By the same Senator, for the same committee, on petition, a Bill regulating noise pollution (Senate, No. 1108);

By the same Senator, for the same committee, on petition, a Bill relative to motor vehicle registration (Senate, No. 1113); and

By the same Senator, for the same committee, on petition, a Bill authorizing the Registrar of Motor Vehicles to conduct a certain study (Senate, No. 1171);

Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

 

By Mr. Tolman, for the committee on Local Affairs, on Senate, Nos. 539 and 931, a Bill relative to simplifying the approval of certain subdivisions (Senate, No. 1842);

By Mr. Jajuga, for the committee on Public Safety, on petition, a Bill further regulating change of name or address notices to the Registry of Motor Vehicles (Senate, No. 1065);

By the same Senator, for the same committee, on petition, a Bill relative to distinctive initial plates for certain motor vehicles (Senate, No. 1067);

By the same Senator, for the same committee, on petition, a Bill relative to the correspondence of inmates (Senate, No. 1090);

By the same Senator, for the same committee, on petition, a Bill relative to the use of out of state motor vehicle licenses as valid identification (Senate, No. 1150);

By Ms. Wilkerson, for the committee on State Administration, on petition, a Bill relative to protecting the identify of a 911 caller (Senate, No. 1431); and

By the same Senator, for the same committee, on petition, a Bill relative to the public records law (Senate, No. 1444);

Severally read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 

By Mr. Tolman, for the committee on Local Affairs, on petition, a Bill establishing a department of inspectional services in the city of Lynn (Senate, No. 1795) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill authorizing the city of Haverhill to grant certain easements to Portland Natural Gas Transmission System and Maritimes and Northeast Pipeline, L.L.C. (Senate, No. 1801) [Local approval received];

Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

 

Committee Discharged.

Mr. Antonioni, for the committee on Education, Arts and Humanities, reported, asking to be discharged from further consideration

Of the petition (accompanied by bill, Senate, No. 252) of Michael R. Knapik, Robert L. Hedlund and Jo Ann Sprague for legislation to allow schools access to prospective students' criminal offender record information; and

Of the petition (accompanied by bill, Senate, No. 278) of Richard T. Moore, Kevin Poirier, Peter J. Larkin and other members of the General Court for legislation to protect children through a parent education program;

And recommending that the same severally be referred to the committee on the Judiciary.

Under Senate Rule 36, the reports were severally considered forthwith and accepted.

Severally sent to the House for concurrence.

 

Mr. Antonioni, for the committee on Education, Arts and Humanities, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 243) of Cheryl A. Jacques and John A. Lepper for legislation to authorize the Board of Higher Education to study the establishment of a satellite campus of a public college or university in the city of Attleboro,- 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.

 

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to protecting consumers from unauthorized or fraudulent billing on their telecommunications bills (House, No. 4296);

To the committee on Government Regulations.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to protecting members of financially troubled health maintenance organizations (House, No. 4297);

To the committee on Insurance.

 

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4428) of Vincent P. Ciampa, Anthony P. Giglio, J. James Marzilli, Jr., Charles E. Shannon and another (with the approval of the mayor and city council) for legislation to increase the salary of the mayor of the city of Medford;

Petition (accompanied by bill, House, No. 4429) of Robert A. DeLeo and Robert E. Travaglini (by vote of the town) relative to authorizing the town of Winthrop to use certain park and recreation land for school purposes; and

Petition (accompanied by bill, House, No. 4430) of Charles A. Murphy and RobertA. Havern (by vote of the town) for legislation to further regulate town meetings in the town of Burlington;

Severally to the committee on Local Affairs.

Petition (accompanied by bill, House, No. 4431) of Thomas J. O'Brien and Therese Murray (by vote of the town) relative to the assessment of interest for certain betterments by the town of Kingston;

To the committee on Taxation.

 

A Bill relative to the election of members to the Pension Reserve Investment Board (House, No. 113,- on a part of House, No. 112),- was read and, under Senate Rule 26, referred to the committee on Steering and Policy.

 

Resolutions.

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

Resolutions (filed by Mr. Pacheco and Ms. Jacques) "congratulating Paul Pagano upon his retirement from the United Way of Greater Attleboro/Taunton";

Resolutions (filed by Mr. Rauschenbach) "congratulating Clayton Beless on the occasion of his retirement from the Barnstable public schools";

Resolutions (filed by Mrs. Sprague) "congratulating David J. Pasquale of Mansfield upon his elevation to the rank of Eagle Scout";

Resolutions (filed by Mrs. Sprague) "congratulating Jeffrey T. Madden of Mansfield upon his elevation to the rank of Eagle Scout"; and

Resolutions (filed by Mrs. Sprague) "congratulating Kevin P. Sullivan of Mansfield upon his elevation to the rank of Eagle Scout".

 

PAPERS FROM THE HOUSE.

Committees of Conference.

The House Bill making appropriations for the fiscal year 1999 to provide for certain capital and supplemental appropriations (House, No. 4298),- came from the House with the endorsement that the House had NON-concurred in the Senate amendments.

Striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1823; 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 forthwith to make certain supplemental appropriations for the fiscal year ending June 30, 1999 and forthwith to provide for certain capital spending and bonded debt of the Commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience."; and by striking out the title and inserting in place thereof the following title: An Act making certain supplemental appropriations for the fiscal year 1999 and relative to certain capital spending and bonded debt of the Commonwealth."), 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 Lepper of Attleboro had been appointed the committee on the part of the House.

On motion of Mr. Travaglini, 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 House Bill making appropriations for fiscal 2000 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. 4401, printed as amended),- came from the House with the endorsement that the House had NON-concurred in the Senate amendments.

Striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1822; 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 appropriations for the fiscal year beginning on July 1, 1999, and to make certain changes in 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, Stanley of West Newbury and DeFilippi of West Springfield had been appointed the committee on the part of the House.

On motion of Mr. Travaglini, 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.

 

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered, as follows:

The House bills

Authorizing the city of Boston to convey certain land to the Boston Housing Authority (House, No. 4218); and

Establishing the office of treasurer-collector in the town of Westborough (House, No. 4235);

Were severally read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted.

On motion of Ms. Murray,-

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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. Knapik, at eight minutes past eleven o'clock A.M., the Senate adjourned to meet on the following Thursday at eleven o'clock A.M.