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 the
Commonwealth of Massachusetts

Thursday, June 25, 1998.

Met at twenty-two minutes past one o'clock P.M.

Communication.

Notice was received that the Honorable Jordan Levy had resigned, effective at five o'clock P.M. on June 24, 1998, as Governor's Councillor from the Seventh District. The notice was placed on file.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Pacheco, a petition (subject to Joint Rule 12) of Marc R. Pacheco for legislation relative to interest earned on landfill reserve funds; and
By Mr. Rauschenbach, a petition (subject to Joint Rule 12) of Henri S. Rauschenbach for legislation relative to the golf license plate;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Mr. Tarr presented a petition (subject to Joint Rules 12 and 9) of Bruce E. Tarr and Anthony J. Verga for legislation to authorize certain structures to be exempted from certain harbor lines within Smith Cove, Gloucester Harbor, in the city of Gloucester,— and the same was transmitted, under the provisions of Section 5 of Chapter 3 of the General Laws, to the Secretary of State.

Report of a Committee.

Mr. Berry, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill relative to school bus inspections (House, No. 2360).

Orders of the Day.

The Orders of the Day were considered, as follows:
Bills
Relative to the Board of State Examiners of Plumbers (Senate, No. 2052);
Relative to the refusal to reissue a credit card (Senate, No. 2169);
Relative to the operation of the Ipswich system of sewers (Senate, No. 2212);
Authorizing the imposition of fees for the employment of certain outside consultants by the town of East Longmeadow (House, No. 2719);
Further regulating requirements for licensing of elevator mechanics (House, No. 4974);
Authorizing the town of Marshfield to establish a land acquisition fund (House, No. 5223);
Relative to a certain easement in the town of Wilmington (printed in House, No. 5268);
Relative to the charter of the town of Greenfield (House, No. 5381);
Relative to the town manager of the town of Cohasset (House, No. 5465); and
Authorizing the town of North Reading to convey certain conservation land (House, No. 5473);
Were severally read a second time and ordered to a third reading.

The House bills
Authorizing the town of Billerica to refund a certain tax payment (House, No. 5097); and
Establishing a city or town aid to the elderly and disabled taxation fund (House, No. 4984, amended);
Were severally read a third time and passed to be engrossed, in concurrence.

The House Bill providing for gender neutrality in the construction of statutes (House, No. 4962) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the taxation of certain real property (House, No. 4669),— was read a second time.
On motion of Mr. Lees, the further consideration thereof was postponed until the next session. Subsequently, there being no objection, on motion of Mr. Lees, the Senate considered no action having been taken on the motion to postpone.
On motion of Mr. Lees, the further consideration thereof was postponed until the remaining matters passed for consideration in the Orders of the Day had been disposed of.
Subsequently, the matters passed for consideration in the Orders of the Day having been disposed of, the bill was further considered; and it was ordered to a third reading.

The Senate Bill relative to standardizing dental forms (Senate, No. 636),— was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Melconian moved that the bill be amended by substituting a new draft with the same title (Senate, No. 2248). The amendment was adopted.
The new draft (Senate, No. 2248) was then passed to be engrossed.
   Sent to the House for concurrence.

The House Bill relative to production of records for review by the State Auditor (House, No. 2780),— was read a third time. Mr. Clancy, for the committee on Bills in the Third Reading, reported, asking to be discharged from further consideration thereof. The report was accepted.
Pending the question on passing the bill to be engrossed, Mr. Clancy moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:
"SECTION 1. Section 12 of chapter 11 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word 'audit', in line 12, the following words:— or of an audit authorized by section 13.
SECTION 2. The first paragraph of said section 12 of said chapter 11, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:— The superior court shall have jurisdiction to enforce the production of records that the department has required to be produced pursuant to this section, and the court shall order the production of all such records within the scope of any such audit."
The amendment was adopted. The bill, as amended, was then passed to be engrossed, in concurrence.
   Sent to the House for concurrence in the amendment.

Statement of Senate Minority Leader Brian P. Lees.

Mr. Lees requested unanimous consent to address the Senate and read the following letter, which he transmitted to Senator Dianne Wilkerson. There being no objection, Senator Lees read the following letter:

June 25, 1998.

The Honorable Dianne Wilkerson
Massachusetts State Senator
The State House, Room 312C
Boston, MA 02133

Dear Senator Wilkerson:

I am writing to you as a State Senator and as the Senate Minority Leader. I am deeply saddened that this situation has deteriorated to this unfortunate point. Under normal circumstances, I would prefer that my concerns be addressed by the Senate Committee on Ethics. Unfortunately, time constraints and the new Senate rules make this option impractical. It is with deep regret, therefore, that I write this letter requesting that you resign your seat as the State Senator for the Second Suffolk District.
When you pled guilty to failing to file your taxes, you brought into question your ability to continue to serve in the Senate and your competence to represent the people of your district. Several months later, Judge Edward F. Harrington rendered his decision and the Ethics Committee initiated a review of your conduct. As the Ethics Committee indicated in its report, the review of your conduct was neither a personal attack on you nor a punishment for the crimes you committed. The Ethics Committee's goal was to protect the Senate as an institution. "The object of this proceeding is not to punish Senator Wilkerson . . . Rather, our purpose is to vindicate the integrity of the Senate." The integrity of the legislative process and the public confidence in this process was, and still remains, of paramount importance.
The Ethics Committee then recommended that you be removed as the Senate Chair of the Joint Committee on Insurance. The entire Republican Caucus, along with some members of your own caucus, voted against accepting the Ethics Committee's report. We did so because we felt that the Ethics Committee's recommendation was too lenient and because we did not agree with the conclusion that stripping you of your chairmanship was commensurate with the seriousness of your transgressions. I believed then that you had a duty and an obligation to resign.
Immediately after the Senate's action, you said, "With the disposition of this matter, it is my sincere hope that we can get on with the business of this body." Every single one of your colleagues, those who concurred with the penalty imposed and those who dissented, joined you in your fervently expressed hope. Your subsequent actions, however, have made that hope illusory. Instead, you have ensured that the January proceeding was not the final disposition of the matter and you have brought into question the ability of this body to effectively carry out its business. By violating the court's order, you are forcing us to re-examine your initial criminal acts, your subsequent violations of the terms of your sentence, and also the tempered punishment we as a body imposed upon you.
Earlier this month, Judge Harrington found that you violated the conditions of your home confinement. When one member of a legislative body is convicted of a crime, the whole body, not just the individual, is tarnished. Your recent actions have only added to the earlier blemish you have inflicted on the Senate. Your violation of the laws of our nation compromises our credibility as a lawmaking body and your continued membership in the Senate places the integrity of this institution in jeopardy. As I said during our debate on the Ethics Committee's report, it is our sincerest and most important duty to maintain and protect the integrity of the Senate and to obey the laws of this Commonwealth and the nation.
When you were re-elected into this body in November 1996, those who voted for you were unaware of your crimes. Your failure to disclose this information means that your constituents did not make an educated and informed decision when they elected you to represent them. Your name is on the ballot for the primary election in September 1998 and, if you are fortunate enough, it may even be on the ballot for the general election in November. Because your crimes and subsequent acts have been brought to light, the voters in your district will be able to make an informed decision during this election process. As I said in January, this will allow the most important arbiter in this process, the citizens of your district, to weigh in on your ability to serve. Your continued service during this session, however, cannot be justified.
I write this letter in sorrow, not in anger. Your service in the Senate has been characterized by keen intelligence and deep and abiding concern for the people you represent. But those qualities cannot offset the serious crime you have committed against the people of your district and this Commonwealth.
In your remarks immediately following the Senate's decision to take away your committee chairmanship, you said that it is a privilege to serve in this institution. I agree. But it is a privilege bestowed upon us by the people whom we serve. By continuing in your position as State Senator you are doing a disservice to your constituents, the people of Massachusetts as a whole, and the Senate as an institution. We, as public officials, are not above the law. I implore you to step down as State Senator for the Second Suffolk District.

Sincerely,

BRIAN P. LEES,
Minority Leader.

On motion of Mr. Lees, the above letter was ordered printed in the Journal of the Senate.

Papers from the House.
Engrossed Bill — Land Taking for Conservation, Etc.

There being no objection, during consideration of the Orders of the Day, an engrossed Bill relative to the financing and operation of a golf course by the town of Natick (see Senate, No. 2067, amended) (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 nineteen minutes before two o'clock P.M., as follows, to wit (yeas 36 — nays 0):

YEAS.
Amorello, Matthew J. Joyce, Brian A.
Antonioni, Robert A. Keating, William R.
Bernstein, Robert A. Knapik, Michael R.
Berry, Frederick E. Lees, Brian P.
Brewer, Stephen M. Lynch, Stephen F.
Clancy, Edward J., Jr. Magnani, David P.
Durand, Robert A. Melconian, Linda J.
Fargo, Susan C. Montigny, Mark C.
Havern, Robert A. Moore, Richard T.
Jacques, Cheryl A. Murray, Therese
Jajuga, James P. Norton, Thomas C.
Nuciforo, Andrea F., Jr. Shannon, Charles E.
O'Brien, John D. Tarr, Bruce E.
Pacheco, Marc R. Tisei, Richard R.
Panagiotakos, Steven C. Tolman, Warren E.
Pines, Lois G. Travaglini, Robert E.
Rauschenbach, Henri S. Walsh, Marian
Rosenberg, Stanley C. Wilkerson, Dianne

—36.

NAYS. — 0

ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Morrissey, Michael W.
Hedlund, Robert L.

—3.

The yeas and nays having been completed at sixteen minutes before two 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.

A Bill making appropriations for the fiscal year 1998 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5647,— on House, No. 5588, in part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Rosenberg, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Rosenberg moved that the bill be amended by striking out sections 2A to 5, inclusive, and inserting in place thereof the following three sections:—
"SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth herein are hereby appropriated from the General Fund unless specifically designated otherwise and shall be for the several purposes and subject to the conditions specified herein, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

EXECUTIVE OFFICE FOR
ADMINISTRATION AND FINANCE.
Reserves.
1599-3864
For certain expenses associated with the abolition of Worcester and Hampden counties; provided, that $30,000 shall be expended for salaries and benefits for the treasurers and treasurers' staffs of said counties; and provided further, that $1,223,000 shall be expended for payment to the Insurance Trust Fund of Hampden county and for the cost of providing dental and optical coverage, so-called
.......................................................................................1,253,000

SECTION 2C.I. For the purpose of making available in fiscal year 1999 balances of appropriations which otherwise would revert on June 30, 1998, the unexpended balance of the appropriation listed below, not to exceed the amount specified below for the item, is hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 1999; provided, however, that an item which does not appear in said section 2 of said general appropriation act, the amount in this section is hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. The amounts in this section are re-appropriated from the funds designated for the corresponding item in said section 2 of said general appropriation act; provided, however, that for an item which does not appear in said section 2 of said general appropriation act, the amount in this section is hereby re-appropriated from the funds designated for the corresponding item in said section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated herein shall be in addition to any amounts available for said purposes.

EXECUTIVE OFFICE FOR
ADMINISTRATION AND FINANCE.
Reserves.
1599-3864
.......................................................................................1,253,000

SECTION 3. Notwithstanding the provisions of section 6 of chapter 48 of the acts of 1997 and with the approval of the secretary of administration and finance, the treasurers of Worcester and Hampden counties may retain after the transition dates of said counties, assets in the amounts necessary to meet payroll obligations to county employees for the period from June 21, 1998 to June 30, 1998, inclusive. Assets retained by said treasurers in accordance with the provisions of this section may not be disbursed for any purpose other than payroll obligations for the aforementioned period."; 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 to make appropriations forthwith for the fiscal year ending June 30, 1998 and to make certain changes in law, each of which is 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."
The amendment was adopted. The bill, as amended, was ordered to a third reading and read a third time.
The 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 Mr. Lees, as follows, to wit (yeas 36 — nays 0):

YEAS.
Amorello, Matthew J. Montigny, Mark C.
Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Murray, Therese
Berry, Frederick E. Norton, Thomas C.
Brewer, Stephen M. Nuciforo, Andrea F., Jr.
Clancy, Edward J., Jr. O'Brien, John D.
Durand, Robert A. Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Havern, Robert A. 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.

NAYS. — 0

ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Morrissey, Michael W.
Hedlund, Robert L.

—3.

The yeas and nays having been completed at six minutes before two o'clock P.M., the bill was passed to be engrossed, in concurrence, with the amendment.
    Sent to the House for concurrence in the amendment.

The House Bill relative to the consideration of domestic violence in custody and visitation proceedings (House, No. 4951),— came from the House with the endorsement that the House had concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2021; with a further amendment by striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5621.
The rules were suspended, on motion of Ms. Walsh, and the House amendment was considered forthwith.
After remarks, the question on concurring in the further House amendment was determined by a call of the yeas and nays, at two o'clock P.M., on motion of Ms. Walsh, as follows, to wit (yeas 36 — nays 0):

YEAS.
Amorello, Matthew J. Brewer, Stephen M.
Antonioni, Robert A. Clancy, Edward J., Jr.
Bernstein, Robert A. Durand, Robert A.
Berry, Frederick E. Fargo, Susan C.
Havern, Robert A. Nuciforo, Andrea F., Jr.
Jacques, Cheryl A. O'Brien, John D.
Jajuga, James P. Pacheco, Marc R.
Joyce, Brian A. Panagiotakos, Steven C.
Keating, William R. Pines, Lois G.
Knapik, Michael R. Rauschenbach, Henri S.
Lees, Brian P. Rosenberg, Stanley C.
Lynch, Stephen F. Shannon, Charles E.
Magnani, David P. Tarr, Bruce E.
Melconian, Linda J. Tisei, Richard R.
Montigny, Mark C. Tolman, Warren E.
Moore, Richard T. Travaglini, Robert E.
Murray, Therese Walsh, Marian
Norton, Thomas C. Wilkerson, Dianne

—36.

NAYS. — 0

ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Morrissey, Michael W.
Hedlund, Robert L.

—3.

The yeas and nays having been completed at four minutes past two o'clock P.M., the Senate concurred in the further House amendment (as corrected by the committee on Bills in the Third Reading).

Engrossed Bill Returned to House by the Acting Governor With His Objections Thereto.

The engrossed Bill relative to the notification procedures regarding privatization contracts (see House, No. 12) which, on Thursday, January 29, 1998, had been laid before His Honor the Lieutenant Governor, Acting Governor, for his approbation,— came from the House, the same having been returned by the Acting Governor, under Article II of Section I of Chapter I of Part the Second of the Constitution, to the House, the branch in which it originated, with his objections thereto in writing, and having passed that branch, notwithstanding said objections.
The message (House, No. 5462) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of the Constitution.
After debate, the question on passing the bill, the objections of the Acting Governor to the contrary notwithstanding, was then determined by a call of the yeas and nays, at eleven minutes past two o'clock P.M., as follows, to wit (yeas 30 — nays 6):

YEAS.
Antonioni, Robert A. Durand, Robert A.
Bernstein, Robert A. Fargo, Susan C.
Berry, Frederick E. Havern, Robert A.
Brewer, Stephen M. Jacques, Cheryl A.
Clancy, Edward J., Jr. Jajuga, James P.
Joyce, Brian A. O'Brien, John D.
Keating, William R. Pacheco, Marc R.
Lynch, Stephen F. Panagiotakos, Steven C.
Magnani, David P. Pines, Lois G.
Melconian, Linda J. Rosenberg, Stanley C.
Montigny, Mark C. Shannon, Charles E.
Moore, Richard T. Tolman, Warren E.
Murray, Therese Travaglini, Robert E.
Norton, Thomas C. Walsh, Marian
Nuciforo, Andrea F., Jr. Wilkerson, Dianne

—30.

NAYS.
Amorello, Matthew J. Rauschenbach, Henri S.
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. Tisei, Richard R.

—6.

ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Morrissey, Michael W.
Hedlund, Robert L.

—3.

The yeas and nays having been completed at fifteen minutes past two 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.
    The bill was sent to the Secretary of the Commonwealth endorsed accordingly.

Resolutions.

Resolutions (filed by Mr. Magnani and Ms. Jacques) "congratulating the First Baptist Church of Natick on the occasion of its one hundred and fiftieth anniversary", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Norton, 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. Melconian, and adopted.

Resolutions (filed by Ms. Pines) "congratulating Paul Bernard Hannon on the occasion of his retirement from the Boston Gas Company", were referred, under the rule, to the committee on Rules.
Subsequently, Mr. Norton, 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. Melconian, and adopted.

Papers from the House.
Engrossed Bills.

The following engrossed bills (the first 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:
Correcting and extending the one trial system for civil cases in Norfolk and Middlesex counties (see Senate, No. 2205, amended); and
Further regulating board meetings by banks (see House, No. 1875, changed and amended).

The Senate Bill relative to the issuance of certain credit insurance (Senate, No. 626),— came from the House passed to be engrossed, in concurrence, with an amendment, adding at the end thereof the following section:
"SECTION 2. Section 133 of chapter 175 of the General Laws, as so appearing, is hereby amended in clause    of the first paragraph by striking out the words 'forty thousand' wherever it appears and inserting, in each instance, the following words:— one hundred twenty-five.".
The rules were suspended, on motion of Ms. Melconian, and the House amendment was considered forthwith and adopted, in concurrence, as corrected (B.T.R.), to read as follows:—
By adding at the end thereof the following:
"SECTION 3. Section 133 of said chapter 175, as so appearing, is hereby amended by striking out, in line 57, the words 'forty thousand dollars', and inserting in place thereof the following figure:— $125,000.
SECTION 4. Said section 133 of said chapter 175, as so appearing, is hereby further amended by striking out, in line 63, the words "forty thousand dollars" and inserting in place thereof the following figure:— $125,000".

Recess.

At twenty-four minutes past two o'clock P.M., the President declared a recess subject to the call of the Chair; and, at sixteen minutes before four o'clock P.M., the Senate reassembled, the President in the Chair.

Senate Order Adopted.

Mr. Jajuga presented the following order, to wit:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Public Safety will be granted until July 24, 1998 within which to make its final reports on current Senate document numbered 2183 and House documents numbered 5443, 5474 and 5553.
The order was considered forthwith, and adopted.
   Sent to the House for concurrence.

Papers from the House.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill making appropriations for the fiscal year 1998 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5647, 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 President and sent to the House for enactment.
Subsequently, Ms. Melconian in the Chair, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by Ms. Melconian, the Acting President (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).
    The bill was then laid before the Acting Governor for his approbation.

Order Adopted.

On motion of Mr. Lees,—
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.



Adjournment in memory of Mrs. Gertrude Roberts.

Mr. Lees moved that when the Senate adjourns today, it adjourn in memory of Mrs. Gertrude Roberts, grandmother of Senator Michael R. Knapik of the Hampden and Hampshire District. Mrs. Roberts, who was one hundred years of age, passed away on Thursday, June 18, 1998. This motion prevailed.
Accordingly, as a mark of respect to the memory of Mrs. Gertrude Roberts, at twenty-three minutes past four o'clock P.M., on motion of Mr. Lees, the Senate adjourned to meet on the following Monday at eleven o'clock A.M.