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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. |
Wednesday, July 8, 1998.
Met at five minutes past eleven o'clock A.M.
A report of the Boston Metropolitan District (under the provisions of Section 2 of Chapter 383 of the Acts of 1929) submitting a report of the trustees of the Boston Metropolitan District for the year 1997 (Senate, No. 2245) (received Thursday, June 18, 1998),— was read and sent to the House for its information.
The following reports were severally read and placed on file:
A report of the Division of Insurance (under the provision of Section 2 of Chapter 239 of the
Acts of 1997) relative to the safe driver insurance plan and the high auto insurance rates in the
Commonwealth (received Wednesday, July 1, 1998); and
A report of the Department of Public Utilities (under the provisions of Section 1E(d) of Chapter
164 of the General Laws) submitting a biannual report on the status of mediation claims
(received Monday, July 6, 1998).
Petitions were presented and referred, as follows:
By Mr. Clancy, a petition (subject to Joint Rule 12) of Edward J. Clancy, Jr., for legislation
relative to Massachusetts building code violations;
By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey, Richard T.
Moore, Charles E. Shannon, William R. Keating and other members of the General Court for
legislation to require that increases in the cost of using a pay phone be reported to the
Department of Telecommunication and Energy;
By Ms. Murray (by request), a petition (subject to Joint Rule 12) of Albert E. Bosworth for
legislation relative to retirement allowances; and
By Mr. O'Brien, a petition (subject to Joint Rule 12) of John D. O'Brien and James R. Miceli (by
vote of the town) for legislation relative to certain pension benefits for the widow of a police
lieutenant in the town of Tewksbury [Local approval received];
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting
concurrently.
Mr. Clancy, for the committee on Rules, to whom was referred the Senate
Order relative to authorizing the committee on Banks and Banking to make an investigation and
study of the banking laws of the Commonwealth relative to the structure, management, operation
and supervision of banks, mortgage lending, deposits and accounts, loans, investments and
conveyancing practices (Senate, No. 1919),— reported, in part, asking to be discharged
from further consideration of the petition (accompanied by bill, Senate, No. 13) of Marian
Walsh for legislation to provide for consent and full disclosure in bank deposits held in trust for
another,— and recommending that the same be recommitted to the committee on Banks
and Banking.
Under Senate Rule 36, the report was considered forthwith and accepted.
Mr. Pacheco, for the committee on State Administration, reported, asking to be discharged from
further consideration of the petition (accompanied by bill, Senate, No. 2259) of Robert E.
Travaglini and Emanuel G. Serra for legislation to designate Ode to Massachusetts as the Ode of
the Commonwealth,— 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.
Messages were referred, in concurrence, as follows:
Message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation
relative to enhancing the quality of teaching in Massachusetts (House, No. 5677);
To the committee on Education, Arts and Humanities.
Message from His Honor the Lieutenant-Governor, Acting Governor, recommending legislation
relative to authorizing long term leases for offices for the Department of Public Health in
Dudley Square in the city of Boston (House, No. 5678);
To the committee on State Administration.
Resolutions (filed by Mr. Clancy) "congratulating Jerome J. Gear on
the occasion of his seventieth 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 Mr. Bernstein, and adopted.
Resolutions (filed by Mr. Pacheco) "congratulating Timothy Delano
Adams upon his elevation to the rank of Eagle Scout", 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 Mr. Bernstein, and adopted.
There being no objection, the following matters were taken out of the
Orders of the Day and considered, as follows:
The Senate Bill relative to the Election Commission or Board of Registrars of Voters in the town
of Swampscott (Senate, No. 2238),— was read a second time, ordered to a third
reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.
The Senate Bill relative to the filling of vacancies in town meeting membership in the town of
Swampscott (Senate, No. 2239) ,— was read a second time, ordered to a third reading,
read a third time and passed to be engrossed.
Sent to the House for concurrence.
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 Dianne Wilkerson for legislation
relative to banning the sale of tobacco through the use of vending machines.
Senate Rule 36 was suspended, on motion of Mr. Berry, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee
on Commerce and Labor.
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 Richard T. Moore and other members of the
General Court [for additional petitioners, see printed bill] for legislation to provide
for the entry of the Commonwealth into the interstate emergency management assistance
compact.
Senate Rule 36 was suspended, on motion of Mr. Berry, and the report was considered
forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to
the committee on Public Safety.
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 William R. Keating and Barbara C. Hyland for
legislation to establish a sick leave bank for Margaret Haarer, an employee of the Department of
Mental Retardation.
Senate Rule 36 was suspended, on motion of Mr. Berry, 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.
Severally sent to the House for concurrence.
Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5686) of David T. Donnelly relative to the issuance of
electrician's licenses to certain municipal employees;
Under suspension of Joint Rule 12, to the committee on Government
Regulations.
Petition (accompanied by bill, House, No. 5681) of Thomas S. Cahir and Ruth W. Provost (by
vote of the town) that the town of Bourne be authorized to establish a department of integrated
waste management in said town;
To the committee on Local Affairs.
Petition (accompanied by bill, House, No. 5682) of Paul C. Demakis and other members of the
General Court (with the approval of the mayor and city council) for legislation to provide for the
registration of bicycle messenger services and licensing of commercial messengers in the city of
Boston;
To the committee on Public Safety.
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:
Relative to the procurement of certain educational software for public schools (see Senate, No.
247); and
Designating a portion of state highway Route 20 in the town of Charlton as the JENS Memorial
Highway (see House, No. 5384).
The engrossed bill relative to the condominium and time-share laws (see
House, No. 5054),— having been returned to the House by His Honor the
Lieutenant-Governor, Acting Governor, in accordance with the provisions of Article LVI of the
Amendments to the Constitution, with recommendation of amendment (for message, see House,
No. 5391),— came from the House with amendments.
The message of His Honor the Lieutenant-Governor, Acting Governor, was read.
The rules were suspended, on motion of Mr. Berry, and the matter was considered
forthwith.
The President stated that inasmuch as, under the provisions of Article LVI of the Amendments
to the Constitution, the bill was "before the General Court subject to amendment and
re-enactment", the bill was before the Senate subject to amendment.
The Senate concurred in the House amendments, as corrected (B.T.R.) to read as follows:
In section 5 by striking out the sentence contained in lines 21 to 27, inclusive (as printed), and
inserting in place thereof the following sentence:— "The granting of an easement by the
organization of unit owners, or the designation or allocation by the organization of unit owners
of limited common areas and facilities, or the removal of a portion of the common areas and
facilities, all as provided for in this subsection, shall not be deemed to affect or alter the
undivided interest of any unit owner."; by striking out the two paragraphs contained in lines 81
to 119, inclusive, and inserting in place thereof the following two paragraphs:
"(iii) Extend, revive or grant rights to develop the condominium, including the right to add
additional units or land to the condominium, provided, however, that the rights to add additional
units are set forth in or specifically authorized by the master deed, and, notwithstanding any
provision in section 19 to the contrary, remove any portion of the common area of the
condominium upon which, at the time of said removal, no unit has been added to the
condominium in accordance with the master deed; and provided further, that said removal is not
specifically prohibited by the master deed. Any action taken pursuant to this subparagraph shall
be taken upon such terms and conditions as the organization of unit owners may deem
appropriate, including the method or formula by which the percentage interest of each unit is to
be set in accordance with subsection (a) of section 5, or in accordance with another method
which the organization of unit owners reasonably determines is fair and equitable under the
circumstances, following such extension, revival, grant, addition or removal if not specified in
the master deed; provided further, that the consent thereto, including the terms and conditions
thereof of not less than 75 percent of owners of units within the condominium, or such lower
percentage, if any, as the master deed may provide, and 51 percent of the number of all
mortgagees holding first mortgages on units within the condominium who have given notice of
their desire to be notified thereof as provided in subsection (5) of section 4 is obtained for such
extension, revival, grant, addition or removal. Any action taken pursuant to this subparagraph
may be taken even if the time period for adding land, units or common facilities, or for removal
has expired. The removal of common areas pursuant to this subparagraph shall not be deemed to
affect the percentage interest of each unit. Such extension, revival, grant, addition or removal
shall be effective 30 days after the recording, within the chain of title of the master deed or of
the declaration of trust or by-laws, of an instrument duly executed by the organization of unit
owners setting forth accurately the extension, revival, grant, addition, removal, and reciting
compliance with the requirements of this subsection; and
(iv) sell, convey, lease or mortgage any rights or interest created as a result of exercise of rights
established under subparagraph (iii) of this section, provided, however, that any proceeds
obtained by the organization of unit owners as a result of such sale, conveyance, lease, or
mortgages may be paid by the organization of unit owners for common expenses of the
condominium, and otherwise shall be distributed in accordance with subparagraph (iii) of
subsection (a) of section 6, or in accordance with another method which the organization of unit
owners reasonably determines is fair and equitable under the circumstances. The provisions of
paragraph (2) shall not affect the rights reserved by the declarant in the master deed except to the
extent such rights have expired."; 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
forthwith to enable condominium associations to further develop condominiums and otherwise
to create or designate certain interests therein to improve the governance of condominiums,
therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
of the public convenience.".
On motion of Ms. Melconian,—
Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at
eleven o'clock A.M., and that the Clerk be directed to dispense with the printing of a
calendar.
On motion of Mr. Amorello, at ten minutes past eleven o'clock A.M., the Senate adjourned to meet on the following day at eleven o'clock A.M.